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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18811
Experience:  Lawyer and current JAG officer.
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I was discharged in 2009 from the national guard with a

Customer Question

I was discharged in 2009 from the national guard with a chapter 5 separation, and I was wondering if I would be able to reenlist?
JA: Are you overseas or stateside?
Customer: stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: I have not, but I don't live in the state I enlisted in originally.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that's it
Submitted: 3 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 3 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Chapter 5 contains numerous different reasons for a separation, acting as a sort of catch all chapter. So, just knowing the Chapter 5 number doesn't give sufficient information to know if you'd be able to reenlist.

What matters is not the Chapter number, but rather, the Reenlist Code or RE code which would be contained on your NGB 22 form, which is the National Guard version of a DD Form 214. An RE code is an indication to all of the branches about your ability to reenlist.

An RE-1 or RE-2 generally allows for reenlistment if you meet the qualification requirements. An RE-4 is a bar to rejoining at all.

An RE-3 technically allows for rejoining with the receipt of a waiver, but right now an RE-3 is essentially the same as an RE-4 because waivers aren't being offered right now. There are too many people vying for too few jobs, though the National Guard has a little more wiggle room on this issue.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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