RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 January 2006
      DOCKET NUMBER:  AR20050007323


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. David S. Griffin              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his reentry eligibility (RE) code be
changed from RE-4R to RE-3.

2.  The applicant states, in effect, that he is in good health and wants to
reenter  the Army.

3.  The applicant provides no documentation or additional evidence in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Navy Reserve in February 1986 and was
ordered to active duty on 10 March 1986.  On 9 March 1989, the applicant
was released from active duty having completed 3 years active service that
was characterized as honorable.

2.  On 8 September 1997, the applicant enlisted in the Regular Army and
served continuously until 30 April 2003.

3.  On 30 April 2003, the applicant was released from assignment and duty
because of physical disability incurred while entitled to basic pay.  He
was assigned a separation program designator code (SPD) code of SFK, and
assigned a RE code of RE-4.  He had completed 5 years, 7 months, and 23
days of active service that was characterized as honorable.

4.  The applicant was placed on the Temporary Disability Retired List
(TDRL) effective 1 May 2003, with a 30 percent disability rating.

5.  When the applicant's military records were received from the National
Personnel Records Center in St. Louis, Missouri, they did not include the
results of the applicant's Medical Evaluation Board (MEB) or Physical
Evaluation Board (PEB).

6.  The records do not show the applicant's current TDRL status as to
whether he is still on the TDRL, has been removed having had been found fit
for duty, has been discharged with severance pay, or placed on the retired
list due to disability.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the ABCMR.  The regulation
provides that the ABCMR begins its consideration of each case with the
presumption of administrative regularity. The applicant has the burden of
proving an error or injustice by a preponderance of the evidence.

8.  Pertinent Army regulations provide that prior to discharge or release
from active duty, individuals will be assigned RE codes, based on their
service records or the reason for discharge.  Army Regulation 601-210
(Regular Army and Army Reserve Enlistment Program) covers eligibility
criteria, policies, and procedures for enlistment and processing into the
Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation
prescribes basic eligibility for prior service applicants for enlistment.
That chapter includes a list of Armed Forces RE codes, including Regular
Army RE codes.

9.  RE-3 applies to a person who is not considered fully qualified for
reentry or continuous service at the time of separation, but
disqualification is waivable.

10.  RE-4 applies to persons separated from last period of service with a
non-waivable disqualification.

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes),
then in effect, prescribes the specific authorities (regulatory, statutory,
or other directives), the reasons for the separation of members from active
military service, and the separation program designators to be used for
these stated reasons.  The regulation shows that the SPD code “SFK” as
shown on the applicant’s DD Form 214 specifies the narrative reason for
discharge as “Disability, Temporary."

12.  The Separation Program Designator Code SPD/Reentry (RE) Code Cross-
Reference Table, dated 31 March 2003, shows that the appropriate RE code
for the SPD code of SFK is RE-4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code should be changed from RE-4R to
RE-3 so he can reenter the Army.

2.  The applicant was assigned a RE-4 and not a RE-4R.

3.  The ABCMR does not correct records solely for the purpose of
establishing eligibility for other programs or benefits.

4.  The results of the applicant's MEB, PEB, and the reason he was placed
on the TDRL were not available for review.  In the absence of evidence to
the contrary it is presumed that the Army's administrative processing of
the applicant for placement on the TDRL, assignment of SPN code SFK and RE
code 4 is correct. The applicant has the burden of proving an error or
injustice by a preponderance of the evidence.

5.  In order to justify correction of a military record the applicant must,
or it must otherwise satisfactorily appear, that the record is in error or
unjust.  The applicant has failed to submit evidence that would satisfy
that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___gjp___  ___wfc__  ___ji  ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  _________John Infante___________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007323                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060119                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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