Feb 03, 2017 · There is no set fee. Each case is different as are each lawyer's fees. You should speak to a couple here on AVVO and have them review your case. This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara. More.
Sep 20, 2019 · Title 10, United States Code, Section 1553 is the law governing upgrading military discharges.This statute authorizes the secretary of the service concerned to "establish a board of review, consisting of five members, to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of any former member of an armed force …
Answer: The RE code (Reentry Eligibility code) is determined by the reason for separation, not the character of separation. According to Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), the Reentry Eligibility (RE) code can only be …
Step 2. Complete DD Form 149. Pay special note to these sections: In block 5, indicate that you want your reenlistment code to be changed to RE-1 so that you can re-enlist in the military. In block 6, state your reasons for requesting the change. In block 9, list your supporting evidence, such as letters of recommendation and documentation of a ...
According to Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), the Reentry Eligibility (RE) code can only be changed if an incorrect code was entered. The RE code is not upgraded to allow enlistment. Soldiers separated with a RE-3 or RE-4 code must seek a waiver from a recruiter to enlist.
It's possible that one military branch can waive a code that another branch can't. To change your RE code, you may need to apply to the Board for Correction of Military Records (BCMR) or Board for Correction of Naval Records (BCNR). Your recruiter may be able to help you (or refer you to someone who can help).
It is very difficult to get a discharge upgrade, so you should submit comprehensive evidence and/or find an attorney to help you submit a complete package. Make sure to request and submit your military records and positive post-service history.
In most cases, a person with a "2" RE or "4" RE code is not allowed to enlist. Those with an RE Code of "3" may be allowed to enlist, with a waiver, if they can show that the reason for discharge no longer applies.Sep 20, 2019
In order to get approval for a disqualifying issue, you will need a recruiter who knows how the process works and who is willing to invest the time and effort. But that's only the first step. Once the recruiter agrees to put in a request for a waiver, the chain of command will have to approve it.Sep 3, 2019
Individuals with an RE Code of "3" can normally reenlist in the Army or another Service, but will probably require a waiver to be processed. Individuals with an Army RE Code of "4" are normally not eligible to reenlist in the Army, nor join another service.
If you believe you are the victim of an error or injustice which affects your military record, you may apply for a Correction of Military Records by completing and submitting a DD Form 149, Application for Correction of Military Record. Submit your completed DD Form 149 to the appropriate address on page 2 of the form.
DD Form 149, "APPLICATION FOR CORRECTION OF MILITARY RECORD UNDER THE PROVISIONS OF TITLE 10, U.S. CODE, SECTION 1552&quo.
An honorable discharge is by far the most common with over 85 percent of veterans receiving this type of discharge. Veterans with an honorable discharge are entitled to all VA benefits (e.g., disability compensation, educational, healthcare, vocational).Apr 24, 2017
If a Navy veteran with a reenlistment code of RE-3P wishes to rejoin the military, he must obtain a waiver from the office of the Commander, Navy Recruiting Command, commonly referred to as COMNAVCRUITCOM. If a waiver is granted, the former sailor will be notified and can then reenlist in the military.Oct 4, 2017
There are several types of discharges that can keep you from re-enlisting in the service, including a bad conduct discharge, an "other than honorable discharge" and a dishonorable discharge. On the other hand, if you received a general or honorable discharge, you may qualify for re-enlistment.Aug 30, 2021
Physical disabilityRE-3P: Physical disability (includes discharge and transfer to TDRL). Obesity. Motion sickness. Disqualified for officer candidate training. • RE-3Q: Disqualified for officer candidate training (not physically qualified for.
Under the law, you must make your application for discharge upgrade within 15 years of discharge. If your discharge is older than 15 years, you must apply for a change to your military records .
RE codes in the "1" series indicate a person is eligible for immediate reenlistment or prior service enlistment, provided otherwise eligible .
Rod Powers was the U.S. Military expert for The Balance Careers and was a retired Air Force First Sergeant with 22 years of active duty service. The status of your discharge from the military can have a huge impact on your life and your ability to collect benefits from the Department of Veterans Affairs.
The action officer’s job is to go through your entire record and compare it to the brief, making sure the brief is absolutely correct. The board is usually composed of five active-duty officers and senior enlisted personnel. They each cast one vote and the majority rules.
The board will upgrade your discharge only if you can prove that your discharge is inequitable or improper. You do this by providing evidence, such as signed statements from you and other witnesses or copies of records that support your case.
Obtain DD Form 149 (see Resources). This form is an application to correct your military record. Your reenlistment code is part of your military record.
Complete DD Form 149. Pay special note to these sections: In block 5, indicate that you want your reenlistment code to be changed to RE-1 so that you can re-enlist in the military. In block 6, state your reasons for requesting the change.
Mail the completed and signed form, along with any written documentation and evidence, to the appropriate address as indicated on the back of the form. There is a different address for each branch of the military — Army, Navy and Marine Corps, Air Force and Coast Guard.
Improper means factually incorrect or inconsistent with the law . Inequitable means inconsistent with the traditions and policies of the service.
Change the reason for discharge. If you have a general courts-martial discharge or want to a change your discharge to or from medical retirement or medical discharge, you will have to apply to the Board for Correction of Military Records. DRBs do not have authority to make these sorts of changes.
Some veterans want their discharge changed even if they remain eligible for many VA benefits, because they feel it dishonors the service they provided to their country. Other veterans want their discharge changed because they feel that after serving their country it is grossly unfair that they are denied VA benefits.
If a hearing is scheduled and you don't show up, and you didn't give advance notice that you needed to reschedule, you will lose your right to a hearing. The DRB will then issue a decision based on your application and other records.
How Long Will it Take to Get a Decision? It often takes a month and a half to two months to find out the board's decision. If you get the upgrade, you'll get a new discharge certificate, DD-214, and a copy of the board's decision. If you don't get the upgrade, you'll get the board's letter explaining their decision.
On your application, you have a choice about whether to ask for a DRB hearing or ask the DRB to make a decision based on your application. If you ask the DRB to just review your records without a hearing, and they deny your application, you can then submit a request for a hearing. This gives you two chances to get a favorable decision.
The Army and Air Force BCMRs, and the Board for Correction of Naval Records, are authorized to change your military personnel records in many ways. The only thing these Boards are prohibited from doing is to overturn a court-martial conviction. The BCMR can: 1 review and change the decision of a DRB regarding a discharge; 2 review and change discharges, including Bad Conduct Discharges or Dishonorable Discharges and/or Dismissals, resulting from General Courts-martial; 3 change discharges to/from medical/disability retirement, enabling a VA pension; 4 change re-enlistment (RE) codes; 5 eliminate disciplinary actions (fines, reductions in rank, etc.); 6 remove bad performance evaluations, counseling entries, etc.; 7 re-instate service member; and 8 make other changes to personnel records.
The BCMR - Board for Correction of Military Records. The Army and Air Force BCMRs, and the Board for Correction of Naval Records, are authorized to change your military personnel records in many ways. The only thing these Boards are prohibited from doing is to overturn a court-martial conviction. The BCMR can:
The DRB may only upgrade discharges or change the reason for the discharge. It cannot change re-enlistment (RE) codes, reinstate service members, or otherwise modify or change any other contents of military personnel records.
Military Discharge Upgrades. A Military Discharge Upgrade is important and every soldier has the right to have it reviewed. When leaving the military, members receive a Certificate of Release or Discharge from Active Duty. The (DD-214) or a National Guard Report of Separation and Record of Service (NGB-22).
United States Army, O-5, Board for Correction of Naval Records. Attorney Gordon successfully helped argue that his client should be retroactively awarded the Army Bronze Star Medal with “V” for meritorious service in a combat zone in 1968. United States Army, E-1, Army Discharge Review Board.
While the DRBs for each service are different, they all follow the same general guidance from the Department of Defense. However, each DRB has a distinct process for filing an upgrade.
Current and former Military members (including Reserve) may apply for a correction of an error or injustice in their record. If a service member is deceased or incompetent, others may apply for them. The member’s spouse, widow or widower, next of kin, or legal representative can apply for the service member.
When a Servicemember is discharged from military service, they are provided a reenlistment code (RE-Code). The code is used to determine the Servicemember's eligibility for continued service after the most recent termination of their contracted period.
For example, an Air Force RE-3B means, "1st or 2nd term or career airman ineligible to reenlist, ineligibility condition no longer exists" while a Navy RE-3B means, "Parenthood, pregnancy/childbirth.". Using the chart below, you can see the Air Force RE-3B servicemember would be able to reenlist into the Navy without requiring an RE-Code waiver ...