RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 February 2008
      DOCKET NUMBER:  AR20070012335


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Sherri V. Ward                |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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 the skill level of the 42A
(Human Resources Specialist) military occupational specialty (MOS) listed
in
Item 11 (Primary Specialty) of his 7 September 2005 Separation Document
(DD Form 214) be corrected to show his skill level as 2; that the total
service listed in Item 12e (Total Prior Inactive Service) be verified and
corrected if necessary; and that the Separation Program Designator (SPD)
code in Item 26 (Separation Code) and the reentry (RE) code in Item 27
(Reentry Code) of the same separation document be changed to more favorable
codes.

2.  The applicant states, in effect, that the MOS entry 42A1O in Item 11 of
his
DD Form 214 should read 42A2O because he was promoted and also took courses
to verify he completed the requirements for a skill level 2 in MOS 42A.
He further states that he is not sure that the total service shown in Item
12e is correct, and that in the past five months his disabilities have
improved significantly and as a result he should be eligible to return to
active duty.

3.  The applicant refers to his Department of Veterans Affairs file;
however, provides no additional documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that after having served in the Regular
Air Force, Air National Guard, and Army National Guard, he enlisted in the
Regular Army (RA) and entered active duty on 26 April 2000.

2.  The applicant's Official Military Personnel File (OMPF) is void of any
documents related to his prior active and inactive service.  His OMPF
contains a Service School Academic Evaluation Report (DA Form 1059), dated
20 September 2001.  This document shows he attended the Personnel
Administration Specialist, MOS 75B1O0000 course from 23 July through
20 September 2001, and that he achieved course standards.  MOS 75B1O0000
was converted to MOS 42A1O000.

3.  The applicant's record shows that on 7 September 2005, he was honorably
discharged under the provisions of Paragraph 4-24b(3), Army Regulation 635-
40, by reason of disability with severance pay.  The DD Form 214 he was
issued at this time shows that based on this authority and reason for his
separation, he was assigned an SPD code of JFL in Item 26 and an RE code of
3 in Item 27.

4.  Item 11 of the applicant's 7 September 2005 DD Form 214 contains
entries indicating he held MOS 42A1O 00, Human Resources Specialist, for 5
years and 4 months; and that he held MOS 13F1O 00, Fire Support Specialist,
for 4 years and 5 months.

5.  Item 12 (Record of Service) of the applicant's 7 September 2005 DD Form
214 documents the following military service in the items indicated:  Item
12c (Net Active Service This Period) 5 years, 4 months, and 12 days; Item
12d (Total Prior Active Service) 4 years, 3 months, and 9 days; and Item
12e (Total Prior Inactive Service) 6 years, 8 months, and 15 days of prior
inactive service.  The applicant authenticated the separation document with
his signature in Item 21 (Signature of Member Being Separated) on the date
of his separation.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains item-by-item instructions for preparing the DD
Form 214.  The instructions for Item 11 state, in pertinent part, to enter
titles of all MOS served in for at least 1 year and include for each MOS
the number of years and months served.  It further states that for an
enlisted Soldier, also specify the first
5 characters of the primary MOS code (MOSC), which includes the 3
characters of the MOS, the fourth character of skill and grade level in the
MOS, and the fifth character of a special qualification identifier (SQI),
if applicable.  Enter "O" when not applicable.  Army Standards of Grade
guidance for MOS 75B/42A identifies skill level 1 with pay grades E-1
through E-4 and Skill Level 2 with pay grade E-5.

7.  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 JFL is the appropriate code to assign
to Soldiers separated under the provisions of Paragraph 4-24b(3), Army
Regulation 635-40, by reason of disability with severance pay.  The SPD/RE
Code Cross Reference Table indicates that RE-3 is the proper code to assign
members separated with SPD code JFL.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant's skill level was 1 at
the time of his discharge, which corresponds to his grade and is the last
skill level he was
formally trained in, as evidenced by the 20 September 2001 DA Form 1059 on
file in his record.  As a result, there is no evidence of an error or
injustice related to the skill level listed in Item 11 of his separation
document.

2.  The applicant's record confirms that he enlisted in the RA on 26 April
2000, which is the date correctly entered in Item 12a of his 7 September
2005 DD Form 214; and his OMPF is void of any documents that would call
into question the service computations contained in Item 12d and Item 12e
of his 7 September 2005 DD Form 214.  Further, the applicant authenticated
the separation document with his signature on the date of separation.  In
effect, his signature was his verification that the information contained
on the separation document, to include the Item 11, Item 12, Item 26, and
Item 27 entries, was correct at the time the document was prepared and
issued.  Therefore, absent any evidence of an error in any of the items in
question, there is an insufficient evidentiary basis to support granting
the requested relief.

3.  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

___MKP_  __SVW__  __JCR    _  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.



                                  _____Margaret K. Patterson__
                                            CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20070012335                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2005/09/07                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability with severance pay           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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