RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2008
      DOCKET NUMBER:  AR20070016434


      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:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Roland S. Venable             |     |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 is requesting that his RE code be
changed to one that will allow him to reenter service.  He claims that he
does not believe he has a disability that bars him from reentering military
service.

3.  The applicant provides no additional documentary evidence 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 on 8 May 2003.  He was trained in and awarded military
occupational specialty (MOS) 68W (Health Care Specialist).

2.  The applicant's record shows that during his active duty tenure, he
served in Iraq from 6 January through 14 July 2004, and he earned the
following awards: Army Good Conduct Medal; National Defense Service Medal;
Global War on Terrorism Service Medal; Army Service Ribbon; Combat Medical
Badge; and Iraq Campaign Medal.

3.  The applicant's record is void of the Physical Disability Evaluation
System (PDES) packet containing the Medical Evaluation Board (MEB) and
Physical Evaluation Board (PEB) proceedings and/or specific facts and
circumstances surrounding his physical disability processing.  The record
does include Headquarters, I Corps and Fort Lewis, Fort Lewis, Washington,
Orders
094-0013, which directed the applicant's release from active duty because
of physical disability on 29 April 2007, and his placement on the Temporary
Disability Retired List (TDRL) on 30 April 2007.  These orders show the
applicant's disability was rated at 30 percent.

4.  The applicant's record also contains a properly constituted separation
document (DD Form 214) that shows he was honorably retired, in the rank of
specialist (SPC), under the provisions of Paragraph 4-24b, Army Regulation
635-40, by reason of Disability-Temporary, on 29 April 2007.

5.  The DD Form 214 issued to the applicant upon his disability retirement
also shows that based on the authority and reason for his separation, he
was assigned a Separation Program Designator (SPD) code of SFK in Item 26
(Separation Code) and an RE code of 4 in Item 27 (Reentry Code).  The
applicant authenticated the separation document with his signature in Item
21 (Signature of Member Being Separated) on the date of his REFRAD.

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-4 applies to persons who have a nonwaivable disqualification.

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 SFK is the appropriate code to assign to
members separated under the provisions of Paragraph 4-24b, Army Regulation
635-40, by reason of Disability-Temporary.  The SPD/RE Code Cross Reference
Table stipulates that an RE-4 code will be assigned to members separated
under these regulatory provisions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his disqualification should not prevent
him from reentering military service and that his RE code should be changed
accordingly was carefully considered.  However, there is insufficient
evidence to support his claim.

2.  By regulation, RE-4 is the proper code to assign to members who are
assigned an SPD code of SFK, who are separated by reason of temporary
disability.  Although a PDES packet containing the specific facts and
circumstances surrounding the applicant's medical separation processing is
not on file, the record does contain a properly constituted DD Form 214
that shows the applicant was retired under the provisions of Paragraph 4-
24b, Army Regulation 635-40, by reason of disability-temporary, and that he
was assigned an SPD code of SFK and an RE code of 4.  This separation
document carries with it a presumption of Government regularity.

3.  The applicant authenticated the DD Form 214 with his signature on the
date of his separation.  In effect, his signature was his verification that
the information contained on the DD Form 214, to include the SPD and RE
code entries, was correct at the time the document was prepared and issued.
 Absent any evidence of record or independent medical evidence provided by
the applicant that indicates his disability processing was improper or
inequitable, it is presumed the
RE-4 code assigned was and remains valid.  As a result, there is an
insufficient evidentiary basis to support a change to the RE code.

4.  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

___JBG  _  __DWS _  __RSV __  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.




                                  _____James B. Gunlicks____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070016434                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2007/04/29                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability-Temporary                    |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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