RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2006
      DOCKET NUMBER:  AR20050013753


      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. Dean L. Turnbull              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Donald L. Lewy                |     |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, in effect, that his reentry (RE) code of RE-3
and his Separation Program Designator (SPD) code be changed to codes which
would allow him to reenlist.

2.  The applicant states that upon receiving his discharge, he was assigned
an RE code of RE 3 and an SPD code of JFW.  He also stated that if his RE-3
code was changed, he would like to serve his country by enlisting into the
U.S. Navy or U.S. Coast Guard.

3.  The applicant provides:

      a.  his DD Form 214 (Certificate of Release or Discharge From Active
Duty);

      b.  a letter from his Doctor with attachment, dated 2 May 2005.  The
Doctor confirmed that the applicant does have a medical condition in his
left ear, due to a left ventilating tube that the applicant had inserted in
his ear at age 18; and

      c.  a DA Form 4707 (Enlistment Physical Standards Board Proceeding
(EPSBD), dated 15 January 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he entered active duty on  
9 October 2003.  He was unable to complete basic combat training due to
medical complications.

2.  On 15 January 2004, the EPSBD found that the applicant had a medical
history of recurrent bilateral otitis media with resultant hearing loss.
Based on those findings the EPSBD determined that the applicant was
medically unfit for enlistment in accordance with current medical fitness
standards, and his medical condition had existed prior to his enlistment.
The applicant concurred with these findings and requested to be discharged
from the Army without delay.

3.  On 9 February 2004, the applicant was discharged under the provision of
paragraph 5-11, Army Regulation 635-200 (Personnel Separations – Enlisted
Personnel), due to failure to meet procurement medical fitness standards.
He completed 4 months and 1 day of active service that was uncharacterized.



4.  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.

5.  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 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.

6.  Table 3-1 (U.S. Army reentry eligibility codes) of Army Regulation  
601-210 states that RE-3 code applies to persons who are not considered
fully qualified for reentry or continuous service at time of separation,
but disqualification is waivable.  Soldiers discharged for medical
conditions which existed prior to service are assigned an RE code of RE-3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE-3 code should be changed so that he
can enlist into the U.S. Navy or U.S. Coast Guard.

2.  The applicant was determined to have a medical condition which was
disqualifying for enlistment.  He concurred with that finding and requested
discharge.  If the applicant believed that finding was in error, he should
not have concurred with his EPSBD.

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

4.  The statement from the applicant's Doctor does not establish that the  
RE-3 code the applicant was assigned was improper.

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.


6.  The applicant is advised that although his RE-3 code was properly
assigned, this does not mean that he is totally disqualified from returning
to military service. The disqualification upon which the RE-3 code was
based may be waived for enlistment purposes.  The applicant is advised that
if he desires to enlist, he should contact a local recruiter who can best
advise him on his eligibility for returning to military service.  The
military recruiters can best advise a former service member as to the needs
of the service at the time and may process enlistment waivers for the
applicant’s RE-3 code.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___jev___  ___bje___  ___dll___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.




                                  ________James E. Vick___________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2005001753                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/07/19                              |
|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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