How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask PhilCave Your Own Question

PhilCave
PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1064
Experience:  33 years military law experience.
16220785
Type Your Military Law Question Here...
PhilCave is online now
A new question is answered every 9 seconds

i recived a ar 135-178 chapter 13 from my unit commander its

Resolved Question:

i recived a ar 135-178 chapter 13 from my unit commander its basically a notifcation of seperation preceedings due to unsatisfactory attendence. i will recieve a general under honorable conditions discharge. i want to know can i reenlist or ask to go active right away and fight to do so at my court hearing.
Submitted: 5 years ago.
Category: Military Law
Expert:  PhilCave replied 5 years ago.
Are you National Guard or Reserve?
Customer: replied 5 years ago.
army reserve
Expert:  PhilCave replied 5 years ago.
Which of these conditions do you fall under?

13–1. Basis
a. A Soldier is subject to discharge for unsatisfactory participation when it is determined that the Soldier is unqualified for further military service because:
(1) The Soldier is an unsatisfactory participant as prescribed by AR 135-91, chapter 4; and
(2) Attempts to have the Soldier respond or comply with orders or correspondence have resulted in—
(a) The Soldier’s refusal to comply with orders or correspondence; or
(b) A notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or
(c) Verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed.
Customer: replied 5 years ago.

1 i recieved more than 9 u's in one year peroid

Expert:  PhilCave replied 5 years ago.
It looks like they have decided your overall character doesn't warrant an OTH, and also I suspect they are doing this because it is easier -- at this point it's a paper drill for them.

"Characterization of service normally will be Under Other Than Honorable Conditions, but characterization as General (under honorable conditions) may be warranted under the guidelines in chapter 2, section II."

There will be no court hearing.

You have the opportunity to talk with a military lawyer about this. You can call the Trial Defense Service Office at either Fort Dix or Fort Drum.

Your basic "rights" at this point are to talk with an attorney and to submit written matters as to why you should not be discharged. Usually those matters include witness statements and documents showing that you couldn't drill for medical reasons, or your employer interferred with you going; AND that the unit refused to allow a makeup or an AA for bad motives. Basically this is your chance to state the reasons you should not be discharged. Sometimes it's possible to visit/call the commander and ask him/her to change their mind. But that can be hard to do. He/she would need an extremely good reason why they should give you a second chance.

Once the action is complete you will receive a discharge letter. You will likely receive an reenlistment code - 4 (RE4) which means you can't reenlist in any service without a waiver. Waivers are hard to get these days because recruiting is going well because of the economy.

The TDS at Fort Dix is a reserve unit and I don't see it listed on the Garrison web, but it's possible someone is drilling this weekend even though it's a long weekend for the military.

Sorry, but I hope this helps to get you on track.
PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1064
Experience: 33 years military law experience.
PhilCave and other Military Law Specialists are ready to help you
Customer: replied 5 years ago.
is it posible or likely that i can convince my comander to allow me the chance to reclassify into active or would i have to ask for a reenlistment code.
Expert:  PhilCave replied 5 years ago.
There is no harm in trying to meet with the commander and asking him if he will support you going active. That will have to be negotiated with others. The problem is that they will view you as already unreliable.

There is little discretion on reenlistment codes. Again there is no harm in asking. I have seen some Reservists put out for missed drills with an RE3, but that also gives enlistment/reenlistment problems.

It will depend on whether you have a compelling story on why you missed drills.

You should also talk with an active duty recruiter to see what he/she can do.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Lawyer

    Satisfied Customers:

    4035
    Lawyer and current JAG officer.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1149
    Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
  • http://ww2.justanswer.com/uploads/OR/OregonLawyer/2012-6-20_82836_LarryMugShot16192012.64x64.jpg Lawrence D. Gorin's Avatar

    Lawrence D. Gorin

    Lawyer

    Satisfied Customers:

    488
    Military & Family Law. 30+ years experience. USFSPA pension division expertise.
  • http://ww2.justanswer.com/uploads/LA/LawInfoNow/2012-5-27_195417_JAprofilepicture.64x64.jpg LawHelpNow's Avatar

    LawHelpNow

    Attorney/Lawyer

    Satisfied Customers:

    221
    Relax. Let's work together. Practical solutions.
  • http://ww2.justanswer.com/uploads/rcampione/2009-01-16_181009_bar-rc.jpg rcampione's Avatar

    rcampione

    Military Lawyer

    Satisfied Customers:

    186
    Military lawyer - 5 years to the present
  • http://ww2.justanswer.com/uploads/JAGDefense/2010-02-16_041646_web_pix.jpg JAG Defense's Avatar

    JAG Defense

    Military Lawyer

    Satisfied Customers:

    124
    CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications