RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 July 2006
      DOCKET NUMBER:  AR20050017081


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Dennis Phillips               |     |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 the narrative reason for his separation be
changed.

2.  The applicant states he currently has a reentry eligibility (RE) code
of RE-3 which allows reentry into the military if a medical waiver is
considered.  He was discharged for asthma, a decision he soon regretted.
He states that he will have a different RE code if the narrative reason is
changed.  He has attempted to reenter the military, but he was denied a
medical waiver by the surgeon general. He feels his medical condition would
not prevent him from completing physical duties.  He has also passed all
medical evaluations through the Military Entrance Processing Station (MEPS)
and has been approved by his recruiter's unit, battalion and his Department
of Veterans Affairs' (DVA) physician.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty); his DVA Rating Decision; Progress
Notes; and his letter to a congressman.

CONSIDERATION OF EVIDENCE:

1.  The applicant underwent a medical examination on 14 April 1999 for the
purpose of enlistment.  His Standard Form 88 (Report of Medical
Examination) shows he was diagnosed as having pes planus (flat foot) –
moderate, asymptomatic, no orthotics and no problem running, walking or
standing.  The examining physician indicated that the applicant was
qualified for service with a physical profile of 111111.

2.  The applicant enlisted in the Regular Army on 21 July 1999 and
continued to serve on active duty through one reenlistment.  He completed
the required training and was awarded military occupational specialty 96R
(ground surveillance systems operator).

3.  His discharge packet is not available.  However, his DD Form 214 shows
he was discharged from active duty on 23 July 2004 under the provisions of
Army Regulation 635-200, paragraph 4-24b(4) based on disability, existed
prior to service, Physical Evaluation Board (PEB) with an honorable
discharge.  He completed 5 years and 3 days of active military service.

4.  His DD Form 214 shows he was issued a RE code of RE-3 and a Separation
Program Designator (SPD) code of "JFM" (Disability, Existed Prior to
Service, PEB).

5.  The DVA Rating Decision dated 28 October 2004 indicates he was granted
service connection for right shoulder impingement syndrome (dominant) and
shin splints.

6.  The applicant's contentions have been noted; however, he has failed to
show through the evidence submitted or the evidence of record that the type
of discharge issued to him was in error or unjust.

7.  Army Regulation 635-5-1 (SPD Codes) prescribed the specific authorities
(regulatory, statutory, or other directives), the reasons for the
separation of members from active military service, and the SPD codes to be
used for these stated reasons.  The regulation, in effect at the time,
showed that the SPD code “JFM” as shown on the applicant’s DD Form 214
specified the narrative reason for separation as involuntary release or
transfer for “Disability, Existed Prior to Service, PEB” and that the
authority for separation under this separation program designator was “AR
635-40, Paragraph 4-24b(4)."  Additionally, the SPD/RE Code Cross Reference
Table establishes RE code 3 as the proper reentry code to assign to
Soldiers separated for this reason.  RE–3 applies to persons not qualified
for continued Army service, but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of the applicant's discharge proceedings, his separation
is presumed to have been administratively correct and in conformance with
applicable regulations.

2.  The applicant's DD Form 214 shows he was separated with a separation
code of "JFM" and was assigned an RE code of RE-3 in accordance with the
governing regulation in effect at the time.

3.  There is no evidence of record and the applicant provides no evidence
which shows the narrative reason given to him was in error or unjust.
Therefore, there is no basis for changing his narrative reason for
discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

EA______  MF______  DP______  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.




                                  Eric Andersen_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017081                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060706                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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