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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26118
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My husband separated the af 14 Mar 12 with RE code 2B and reason

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My husband separated the af 14 Mar 12 with RE code 2B and reason JHJ,he was still in training at Goodfellow AFB for intel analyst.He had an article 15 for under age drinking a month prior to his 21 birthday,he completed his extra duty and returned to class where he failed a briefing and then was told he was going to be discharged.He wants to reenter and just serve his country,but due to his separation code JHJ he can not or he has to wait 2 years. Would this be a good case to send to the board?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

What was the separation reason, can you tell me? Was it misconduct?
Customer: replied 1 year ago.

He just failed a briefing and it was his second failure, and in Sept of 2011 he got and article 15 for under age drinking. other then that he had no other misconduct. I also failed a briefing and was put to cross train, he was not given that option.

Expert:  P. Simmons replied 1 year ago.
Ma'am, I understand that...my question is what was the reason for separation given on his DD 214, do you know?
Customer: replied 1 year ago.

unsatisfactory performance

Expert:  P. Simmons replied 1 year ago.
Ahh....thank you

That helps.

What is the characterization? Is it general, under honroable conditions? Or is it uncharacterized (nothing listed in the characterization field)
Customer: replied 1 year ago.

general, under honroable conditions

Expert:  P. Simmons replied 1 year ago.
Thank you

Now I understand.

One more question please...you mention a "2 year waiting limit...can you tell me where that came from"?
Customer: replied 1 year ago.

He talked to the army and they told him due to the JHJ, he has to wait 2 years to reenter. The 2B he only has to wait 92 days to reenter, the JHJ is the one giving him the problem.

Expert:  P. Simmons replied 1 year ago.
The 2B is not bad...it is not as bad as an RE3.

But I would not bet on that being the case...that is, even if he waits, there is no guarantee that they will allow him in.

That is because he will need a waiver. All RE Codes other than RE1 require a waiver.

An RE2, as I mention, is not as bad as an RE3 or 4...but it still requires a waiver.

And they are TOUGH to get

The largest problem you face is the poor economy. The poor economy has caused a flock of people turning to the military for jobs. Despite the war recruiting is way up in all branches. The need for the services to grant waivers has decreased. For example the Marines recently decreased their maximum age for enlistment. Its tough today to get a waiver. For anything. So it MAY be he waits and can get a waiver...but as I mention, it may be he waits and they deny the waiver request.

That leads to your question, should you request a change?

You can certainly try that route.

But understand that there is no guarantee for that either.

In fact, it is tough to get the record changed. He would have to show "error or injustice" in the record to get them to change it.

So, for example, if he could show that he did nothing wrong, and they made a mistake? Then the board of corrections could make the change. But what you describe that is not the case...it sounds like there was misconduct, and they separated for that reason. So I think you have a tough case for a change to the record. The only way they will change that RE Code is if you can prove the reason for separation is not valid...and to prove that you need evidence to show that he never committed misconduct


Sorry to have to bear bad news...but I do not think he will have success with a request to change that record (the re code)


Customer: replied 1 year ago.

No Sir, all he needs is a change in the separation code to join the army, they take 2B without waivers. And the reason for his separation should read JHF which is failure to meet course standards.

Expert:  P. Simmons replied 1 year ago.
I understand.

My point is that there is no way to change the record unless you can prove they made a mistake. So making the change to the record can be very tough.

The RE Code is part of the record. The ONLY way to change that is if you can change the reason for sep (since the RE Code is based on the reason for sep)

So if he can prove they got the reason for separation wrong? Then they can change the RE Code.

But short of that the board will not touch the RE Code.

Now...I get your point...arguably they could have separated for "failure to meet course standards"

But there was misconduct...and that changes everything.

So you have to show that the misconduct alone was not enough to give the unsat performance...that is the only way to win this. And that is why I think you have an uphill battle.

Customer: replied 1 year ago.

On the DD Form 293, you can request change narrative reason for separation, would that not fall under that request?

Expert:  P. Simmons replied 1 year ago.
Yes...but that will not change the RE Code. You need the DD149 to change the RE Code. You request a change for the reason for sep AND the RE Code.
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26118
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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