In 2002, the "FX4" had a 31 spline while the "Off-Road" package and down had 28 splines. In 2003, the "Off-Road" package became the "FX4 Level I" and had a 28 spline with the clutch type LS (Trac-Loc?). The "FX4 Level II" had the 31 spline with the Torsen LS. Your 2004 FX4 Level I has a 28 spline with clutch type LS. For 2008, I think they are back to only one level of the FX4 with the Torsen LS as an option. I would think that the Torsen LS option would upgrade you to a 31 spline, but I'm not sure. If you want the upgrade, the easiest way is to find a wrecked Level II, as it's a direct bolt in. (Good luck with that...)
A quick way to tell is to look at the axle tubes. If they taper down just outboard of the spring perches, it's a 28 spline. The 31 spline had larger axle bearings.
Explorer's had a 31 spline up until they went to IRS in the rear. Not sure of the year it switched. Also, I don't know if the IRS rear is still a 31 spline either...
-krug