RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         7 September 2006
      DOCKET NUMBER:  AR20060001618


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. Jonathan K. Rost              |     |Member               |
|     |Mr. David K. Hassenritter         |     |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, a change to his reentry (RE) code.

2.  The applicant states, in effect, he wishes to be reinstated on active
duty because his back condition was not condition that existed prior to his
entering service (EPTS), and he currently has no back condition.

3.  The applicant provides Medical Progress Notes, dated 27 September 2005,
and an evaluation report from the United States Navy in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty, in the rank of specialist (SPC), on 15 January 2004.

2.  The applicant's Official Military Personnel File (OMPF) is void of a
separation packet containing the specific facts and circumstances
surrounding his separation processing.  His record does include a
separation document
(DD Form 214) that confirms on 28 May 2004, he was discharged under the
provisions of chapter 5, Army Regulation 635-40, by reason of a disability,
that existed prior to his service-medical board.

3.  The DD Form 214 issued to the applicant upon his discharge confirms his
service was "Uncharacterized", and that he was assigned a separation
program designator (SPD) code of KFN and an RE code of RE-3 based on the
authority and reason for his discharge.  It also confirms that at the time,
he had completed 4 months and 14 days of his Army enlistment.

4.  The applicant provides medical progress notes from an examination
completed in September 2005.  The examining physician states there was no
physical examination evidence nerve root impingement or back pathology that
should keep the applicant out of the service.  The doctor recommends a
second opinion be obtained from the Department of Veterans Affairs (VA).

5.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement,
or Separation) establishes sets forth policies, responsibilities, and
procedures that apply in determining whether a Soldier is unfit because of
physical disability to reasonably perform the duties of his or her office,
grade, rank, or rating.  If a Soldier is found unfit because of physical
disability, this regulation provides for disposition of the Soldier
according to applicable laws and regulations.  Chapter provides the policy
and authority for the separation of an enlisted Soldier for
non-service aggravated conditions that existed prior to Service (EPTS) when
the Soldier requests waiver of a Physical Evaluation Board (PEB)
evaluation.

6.  Army Regulation 601-210 covers eligibility criteria, policies, and
procedures for enlistment and processing into the Regular Army (RA) and the
United States Army Reserve (USAR).  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 RA RE codes.
RE-1 applies to persons completing their terms of service who are
considered fully qualified to reenter the United States Army, RE-3 applies
to persons who are not considered fully qualified for reentry or continuous
service at the time of separation, but the disqualification is waivable,
and RE-4 applies to persons who have a nonwaivable disqualification.

7.  Table 4-1 of Army Regulation 601-210 provides a list of all waivable
moral and administrative disqualifications.  It confirms that those
individuals who separated from any component of the Army for medical
reasons, to include failure to meet procurement medical fitness standards
are disqualified from reenlistment; however, this disqualification is
waivable.

8.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities
(regulatory or directive), reasons for separating soldiers from active
duty, and the SPD codes to be entered on the DD Form 214.  It states, in
pertinent part, that the SPD code of KFN is the appropriate code to assign
to Soldiers separated under the provisions of chapter 5, Army Regulation
635-40, by reason of an EPTS disability.  The SPD/RE Code Cross Reference
Table included in the regulation establishes RE-3 as the proper code to
assign members separated with this SPD code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his RE code should be corrected and he
should be reinstated on active duty was carefully considered.  However,
there is insufficient evidence to support this claim.

2.  By regulation, in order to be separated by reason of disability based
on an EPTS condition, a medical evaluation must result in a determination
that an unfitting condition exists, and the Soldier must waive evaluation
by a PEB.  Although, the applicant's OMPF is void of a separation packet
containing medical evaluation documents, and/or the specific facts and
circumstances surrounding his separation processing, it does contain a
proper constituted DD Form 214 that identifies the authority and reason for
the applicant's separation.

3.  The DD Form 214 issued to the applicant confirms he was separated under
the provisions of chapter 5, Army Regulation 635-40, by reason of
disability, EPTS, and as a result he was appropriately assigned a SPD code
of KFN and an RE code of RE-3.  Procedurally, prior to being separated
under this provision of the regulation, the applicant would have been
required to waive evaluation by a PEB.  Absent any evidence to the
contrary, it is concluded that the applicant's separation processing was
accomplished in accordance with the governing regulation, and that all his
rights were fully protected throughout the separation process.

4.  By regulation, the RE-3 code is the proper code to assign members
separating under the provisions of chapter 5, Army Regulation 635-40, by
reason of an EPTS disability.  As a result, the RE-3 code assigned the
applicant at discharge was and still is appropriate based on the authority
and reason for his separation.

5.  The medical examination now provided by the applicant does not call
into question the evaluations of military medical personnel made that
resulted in the applicant's separation processing, and does not support his
reinstatement or a change to his RE code.  However, if his medical
condition has improved sufficiently, he may be eligible to obtain a waiver
that would allow his reenlistment.  If he desires to reenlist, he should
contact a local recruiter who can best advise him on his eligibility for
reenlistment.  Those individuals can best advise a former service member as
to the needs of the service at the time and may process reenlistment
waivers for RE codes.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__SAP __  ___JKR _  __DKH __  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.




                                  _____Susan A. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001618                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/09/07                              |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |2004/05/28                              |
|DISCHARGE AUTHORITY     |AR 635-40 C5                            |
|DISCHARGE REASON        |EPTS Disability                         |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100-0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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