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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17022
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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My son is being discharged from Marine boot camp.

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My son is being discharged from Marine boot camp. He is at Parris Island right now in the Recruit Separation Platoon. Early separation with a RE code of RE-3F. He made scoring error of not validating with a 3rd party on the rifle range, got moved to a new unit then the DI was all over him and caught him not fully doing his PT and he initially denied it then admitted it.  He wrote a rebuttal and had a review with a Lt Colonel who said he liked his attitude and what he wrote but ti was too late to stop the process.  They are telling him he can re-enlist in 6 months but everything I read online points to re-enlistment not being likely. Is there anything he can do now before separating or I believe his re-enlistment code of RE-3F requires a waiver. How likely is this and can an attorney be of any assistance?

Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Based on my experience, whatever was communicated to your son from the Lt. Col. was either not stated artfully or got lost in translation. What I mean by that is that if he appealed nonjudicial punishment (Article 15), if he received that prior to being processed for separation, or he attached an appeal/request for retention, it was denied. If his CO and the separation authority wanted to change the outcome of his separation they could. The "it's too late" is not really the issue. From what you say, your son made a false official statement and also was not following orders to PT, after having the scoring issue previously, so his CO could have, if they wanted to, retained him. That was entirely within their discretion.

So, no, unfortunately, there is nothing that an attorney, whether an active-duty judge advocate or a civilian, can do to change the outcome of this issue.

You are correct though that in order to reenlist after receiving a RE code of 3F, your son will have to receive a waiver by the recruiting command should he want to reenlist in the future. Waivers are difficult to get right now because of all of the downsizing in the military, but they do happen from time to time and as the circumstances change, they may be easier to get.

Please let me know if you have a specific follow up question. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17022
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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