RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060012679 


	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.  



	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 (RE) code of 3 be changed to an 
RE code of 1. 

2.  The applicant essentially states that he was discharged from the Army with an RE code of 3 and a separation code of JFM.  He also states, in effect, that during his pre-deployment physical, a Medical Evaluation Board (MEB) was initiated for his hearing loss.  He further states that he believes this to be unjust since he received a waiver for hearing loss upon initial entry into the Regular Army, and that he hears fine. 

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), hearing test results from his initial entry physical, a waiver for his hearing to enter active duty from the United States Army Recruiting Command, and a hearing test from his MEB in support of this application.   

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which occurred on 4 June 2005, the date of his discharge from the Regular Army.  The application submitted in this case is dated 30 August 2006.

2.  The applicant’s military records show that he enlisted in the Regular Army on 10 March 2004 with a waiver for hearing loss.  He completed initial entry training and was awarded military occupational specialty (MOS) 11B (Infantryman).  

3.  In a memorandum, dated 15 October 2004, the applicant’s commanding officer highly recommended that he be considered unfit for performance of his duties as an MOS 11B Infantryman and a Soldier in any MOS, and also recommended his separation from the United States Army.  This memorandum also stated, in pertinent part, that the applicant’s hearing loss prevented him from hearing critical commands and orders, radio traffic, enemy Soldiers in close proximity, manning listening/observation posts, and rendering verbal reports.  He further stated that the applicant’s condition was exacerbated by the fact that further exposure to loud noises above 85 decibels would damage what little hearing he had remaining.  Additionally, he stated that as the applicant currently wore two hearing aids, he would not be able to wear standard ear protection, nor would he be able to utilize the Multiple Integrated Combat Headset.  

4.  On 18 October 2004, the applicant was issued a permanent physical profile of H-3 for sensorineural hearing loss in both ears.  His DA Form 3349 (Physical Profile) stated, in pertinent part, that he required an MEB based on category E scoring on the Speech Recognition in Noise Test (SPRINT).

5.  On 16 March 2005, an MEB referred the applicant to a Physical Evaluation Board (PEB).  Item 15 of the DA Form 3947 (Medical Evaluation Board Proceedings) indicate the applicant did not desire to continue on active duty.  Item 24 of this same document shows the applicant agreed with the MEB findings and recommendation.

6.  On 10 April 2005, a PEB recommended that the applicant be separated from the service without disability benefits.  On 12 April 2005, the applicant concurred with the PEB’s findings and recommendation, and waived a formal hearing of his case, which he had the right to demand.  

7.  On 4 June 2005, the applicant was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(4) (Separation for Physical Disability Without Severance Pay).  Item 28 (Narrative Reason for Separation) of his DD Form 214 has an entry of “Disability, Existed Prior to Service, PEB.”  His DD Form 214 also shows that he was assigned a Separation Program Designator (SPD) code of “JFM,” and an RE code of “3.”

8.  Army Regulation 40-501 (Standards of Medical Fitness) provides, in pertinent part, that the SPRINT will be used by audiologists at all Army facilities to assess all H-3 Soldiers to provide recommendations concerning a potential 
communication handicap.  The SPRINT will be administered by audiologists or supervised audiometric technicians in a sound treated room, under earphones without use of hearing aids.  The tape-recorded test consists of monosyllabic words from the NU-6 lists in a background of speech babble noise.  Normative data has been developed so that the Soldier’s score can be compared to a large sample of H-3 Soldiers’ scores.  This score, as a function of the Soldier’s length in service, will be used to determine an appropriate recommendation based on table 8-3 of this regulation.  These recommendations should be made to MEBs, and considered when completing the physical profile assignment limitations on a DA Form 3349. The recommendations provide appropriate information with which the board can make a final determination.




9.  Table 8-3 (Result of SPRINT) of Army Regulation 40-501 provides the following categories and recommendations:

a.  category A – retention in current assignment;

b.  category B – retention in current assignment with restrictions;

c.  category C – reassignment to, or retention in, non-noise hazardous area of concentration (AOC)/MOS;

d.  category D – discretionary.  (The audiologist should make a recommendation of category C or E based on such factors as stability of loss, potential for further noise exposure, the Soldier’s AOC/MOS, and the recommendation of the Soldier’s commander.  However, if the Soldier has 18 or more years of active service, the audiologist may recommend category B.); and

e.  category E – separation from service.

10.  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 United States 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.  RE codes 1 and 2 permit immediate reenlistment if all other criteria are met.  An RE code of 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  An RE code of 4 indicates separation from the last period of service with a disqualification which cannot be waived and ineligibility for reenlistment.  Paragraph 4-28 of this same regulation states, in pertinent part, that medical waivers may not be resubmitted unless the original condition has changed.  

11.  Army Regulation 635-5-1 (Separation Program Designator 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. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5-1 (Separation Documents) establishes RE Codes to be assigned for each SPD code.  

12.  An SPD code of "JFM" applies to persons who are discharged for a physical disability that existed prior to service.  The SPD/RE Code Cross Reference Table shows that an RE code of 3 is the applicable RE code assigned for individuals separated for physical disability which existed prior to service.  
13.  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.  This 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code of 3 should be changed to an 
RE code of 1. 

2.  While it is clear that the applicant was granted a waiver for his hearing loss in order to enlist in the Army, evidence of record clearly shows that he was discharged for his hearing loss by a properly constituted PEB.  The applicant concurred with the board findings at each opportunity, and failed to demand a formal hearing, as was his right at the time.  

3.  The applicant’s RE code is based on his reason for discharge and cannot be changed unless the applicant's narrative reason for discharge is changed.  His narrative reason for discharge was based on his disability which existed prior to service, and the Board could find no basis upon which to change this reason.  

4.  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 did not submit any evidence that would satisfy this requirement.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JS___  __DH ___  ___JH___  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 Slone__________
          CHAIRPERSON




INDEX

CASE ID
AR20060012679
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070419
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
100.0300.0000
2.

3.

4.

5.

6.