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 P. Simmons Your Own Question

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26281
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I received a Honorable with a discharge code of RE-4, because

Resolved Question:

I received a Honorable with a discharge code of RE-4, because my wife at the time cheated on me and I did not handle it well and made the dumb decision to take the advise of the Chaplain, and told them I would hurt myself (which I would never do). Am I able to get this lowered to a RE-3?
Submitted: 2 years ago.
Category: Military Law
Expert:  P. Simmons replied 2 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

I am sorry to have to bear bad news, but the only way to change the RE Code is if you can change the "reason for separation"

And the only way to do that is if you can prove that the military got it wrong.

If you told the military that you wanted to hurt yourself, even if that was a lie, the military would be allowed to separate you for that reason. So it is not possible now to change that.

Sorry to have to bear bad news


Customer: replied 2 years ago.
So are you saying there is nothing I can do, or do I need to change the reason for separation?
Expert:  P. Simmons replied 2 years ago.
I am saying that since you told the military you wanted to hurt yourself, if they relied on that to give you the discharge, the board of corrections will not change your discharge.

Basically I am telling you that you can not change this, based on the information you have provided.


Again, sorry to have to bear bad news


Customer: replied 2 years ago.
My code refers to something along the lines of Personality Disorder, which I definately do not have. If I get documentation from a doctor saying I'm fine am I able to argue the fact that I was recommended from someone on base to go that route? There must be something I can fight as they must understand that if you find out your wife is cheating on you, obviously your going to react to it and not think clearly at the time.
Expert:  P. Simmons replied 2 years ago.
You can sure fight it. You can ask them to change it.

What I am telling you is that the Board of Corrections for Military Records will only correct an error. What you describe is not technically an error. If you told the military you had suicide thoughts, they can discharge for a personality disorder. A person with suicidal thoughts can be classified as having a personality disorder.

So when you lied to them and told them you wanted to kill yourself, and the military relied on that and gave you that separation code, it was not an error. Now...if you told them your back hurt and they kicked you out for a personality disorder? That would be an error and somewhat easy to correct.

You can apply...and you can tell them what happened...and I have been surprised in the past by the decisions of the board...so perhaps they will grant your request.

But to answer the question is it likely they will do so? No. Not at all



Customer: replied 2 years ago.
So my advise to ask of would be, how do I apply to do this?
Expert:  P. Simmons replied 2 years ago.
Sure.

You do so with form DD Form 149. You can see the link here:

http://www.archives.gov/veterans/military-service-records/correct-service-records.html

You fill out the form and submit it to the board.

What you describe...it is basically your statement to the board about what happened.



Customer: replied 2 years ago.
If this is approved, what is this going to allow me to do? Is this going to allow me to submit a request to change my RE code or what happens here? This should be my last question.
Expert:  P. Simmons replied 2 years ago.
If it is approved they would change the reason for separation and that MAY change the RE Code (it would depend on what the new reason for separation is)

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26281
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you

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