RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 FEBRUARY 2007
      DOCKET NUMBER:  AR20060004701


      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. Gerard W. Schwartz            |     |Acting Director      |


      The following members, a quorum, were present:

|     |                                  |     |Chairperson          |
|     |                                  |     |Member               |
|     |                                  |     |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 her records be corrected by changing her
reentry code (RE Code) to something lower than "4R".

2.  The applicant states that she wants her RE Code changed so that she can
reenter the Army and finish serving her country, now that her physical
condition is better.

3.  The applicant provides a copy of her DD Form 214 (Certificate of
Release or Discharge from Active Duty), orders removing her from the
Temporary Disability Retired List (TDRL) and a document concerning her
retired pay, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 8 May 2003, for a period
of
4 years.

2.  On 10 June 2003, while attending basic combat training at Fort Jackson,
South Carolina, the applicant fell while attempting to negotiate an
obstacle course and complained of low back pain.

3.  On 16 September 2003, a medical examination diagnosed the applicant
with non-radicular low back pain, slight and constant; migraine headaches,
weekly incapacitation; and bilateral patellofemoral pain, medically
acceptable.

4.  On 5 April 2004, a Medical Evaluation Board (MEBD) proceeding diagnosed
the applicant with non-radicular low back pain, slight and constant;
migraine headaches, weekly incapacitation; and bilateral patellofemoral
pain, incurred while entitled to base pay and permanently aggravated by the
service.  Her case was referred to a Physical Evaluation Board (PEB).

5.  On 15 April 2004, a PEB found the applicant physically unfit and
recommended a combined disability rating of 40 percent, and recommended
that she be placed on the TDRL.  The PEB was approved on 22 April 2004,
with a reexamination during May 2005.




6.  The applicant submitted a request to remain on active duty as an
exception to policy; however, on 13 July 2004, she withdrew her request.

7.  The applicant was separated on 25 August 2004, under the provisions of
Army Regulation 635-40, for temporary disability.  Her DD Form 214
indicates she was assigned the RE Code of “4R” and the separation code of
SFK.

8.  Orders 238-0102, Headquarters, U.S. Army Medical Center & School and
Fort Sam Houston, Fort Sam Houston, Texas, dated 25 August 2004, placed the
applicant on the TDRL, effective 26 August 2004.

9.  On 3 May 2005, a periodic medical examination diagnosed the applicant
with migraine headaches, greater occipital neuralgia, and chronic
subjective low back pain.

10.  On 30 August 2005, a formal PEB rated the applicant with a 10 percent
disability for migraine headaches, and zero percent disability for low back
pain.  The PEB noted that the 10 percent rating more accurately reflected
the degree of severity of the applicant's condition.  The PEB considered
her condition to have improved so as to be ratable at less than 30 percent.
 A rating of less than
30 percent for Soldiers with less than 20 years of active service required
separation with severance pay in lieu of retirement.

11.  On 15 September 2005, the applicant disagreed with the findings and
recommendations of the PEB and submitted a statement of rebuttal.

12.  On 20 September 2005, a revised PEB added additional comments when
describing the migraine headaches, but did not change the applicant's
disposition or the disability ratings.

13.  On 21 September 2005, the U.S. Army Physical Disability Agency
concluded that her case was properly adjudicated by the PEB which had
correctly applied the rules that govern the Physical Disability Evaluation
System.  They noted that the findings and recommendations of the PEB were
supported by substantial evidence and was therefore affirmed.

14.  Orders D264-12, U.S. Army Physical Disability Agency, Washington, DC,
dated 21 September 2005, removed the applicant from the TDRL, and
discharged her from service with an effective date of 21 September 2005.
She was permanently separated with a 10 percent disability rating and
severance pay.
15.  Army Regulation 635-40, paragraph 7-2, provides that an individual may
be placed on the TDRL (for the maximum period of 5 years which is allowed
by Title 10, United States Code, section 1210) when it is determined that
the individual's physical disability is not stable and he or she may
recover and be fit for duty, or the individual's disability is not stable
and the degree of severity may change within the next 5 years so as to
change the disability rating.

16.  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
covers eligibility criteria, policies, and procedures for enlistment and
processing into the Regular Army and the United States Army Reserve.
Chapter 3 of that regulation prescribed basic eligibility for prior service
applicants for enlistment.  That chapter includes a list of armed forces RE
Codes, including Regular Army
RE Codes.

17.  RE-4 applies to individuals who were separated from their last period
of service with a non-waivable disqualification.  Soldiers who were
separated from their term of service with a temporary disability are
ineligible for reenlistment and receive an RE Code of RE-4.

18.  The RE Code of RE-4R applies to Soldiers who were discharged under the
Qualitative Management Program (QMP) but retired for length of service.
The applicant did not retire under the QMP for length of service, and
should have received an RE Code of RE- 4 and not RE Code “4R.”

19.  Army Regulation 635-5-1 states that SPD codes are three-character
alphabetic combinations, which identify reasons for, and types of
separation from active duty. The primary purpose of SPD codes is to provide
statistical accounting of reasons for separation.  They are intended
exclusively for the internal use of DOD and the military services to assist
in the collection and analysis of separation data.  It notes that "SFK" is
the appropriate SPD code for individuals separated under a temporary
disability.

20.  A "cross-reference" table, provided by officials from the U.S. Army
Human Resources Command-Alexandria, confirms that "RE-4" is the appropriate
RE Code for individuals who separated with an SPD code of "SFK".

21.  Army Regulation 601-210, which establishes the policies and provision
for enlistment in the Regular Army and United States Army Reserve, states
that RE Codes may be changed only if they are determined to be
administratively incorrect.
DISCUSSION AND CONCLUSIONS:

1.  A PEB determined the applicant had an unstable medical condition which
could improve or increase in severity over a period of time.  She was
therefore properly placed on the TDRL for subsequent reevaluation.  After
her condition
was determined to be stable and rated 10 percent disabling, she was
separated from the service by reason of physical disability with
entitlement to disability severance pay.

2.  The evidence confirms that the applicant’s RE Code was assigned based
on the fact that she was not qualified for continuous service at the time
of her separation and placement on the TDRL.  She was assigned the correct
RE Code of RE-4, however it should not have contained an "R."   There is no
authority for changing the numerical RE Code of RE-4, however the
alphabetical letter of "R" should be deleted.

3.  In order to justify correction of a military record the applicant must
show, 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.

4.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__TK____  ___LB __  ___LD  __  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board did however, determine that there was an administrative error
in the records of the individual and that should be corrected.  Therefore,
the Board requests that the CMSD-St. Louis administratively correct the
records of the individual concerned by deleting the "R" from her RE Code of
RE-4R.




                                    ______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060004701                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070227                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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