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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19103
Experience:  Lawyer and current JAG officer.
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I have a few quick question. I am trying to figure out if I

Customer Question

I have a few quick question. I am trying to figure out if I can re-enlist after an uncharacterized discharge
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: I spoke with the first sergeant and he instructed me to reach a recruiter
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, I have an article 15 but Im not sure if its on file
Submitted: 8 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 8 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.

The issue wouldn't be your uncharacterized discharge or the Article 15, directly. However, the underlying facts that led to the uncharacterized discharge may have resulted (and likely did result) in an RE code that wouldn't allow reenlistment.

It is the reenlistment code, often called the RE code, that decides this issue. It would be located on your DD Form 214.

Chances are you are either barred from reenlistment entirely (an RE-4) or you have an RE code that requires a waiver (RE-3 or perhaps RE-2).

Waiverable RE codes are effectively a bar to reenlistment right now also, given the reduced budget and positions for hire. You can't demand or apply for a waiver. Waivers are appeals that recruiters submit, and they only do so when they can't meet their numbers without one.

The only other option would be to try and have the RE code changed, but that is very difficult. You'd have to prove that the basis for your discharge was either an error or an injustice, a very high burden to meet.

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 three, a four or preferably a five star 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.

Expert:  Allen M., Esq. replied 8 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

Customer: replied 8 months ago.
on the DD-214 it shows the code of JGA/2C. The article 15 was based on performance/ misconduct. Does this mean I am banned from re-enlisting in the Air Force? If so, would you know if it is possible to join another branch with these codes?
Expert:  Allen M., Esq. replied 8 months ago.

JGA refers to entry level status, which is just the title of the basis for separation.

The issue is the RE code. The RE-2C indicates that you were not eligible for reenlistment or continued enlistment at the time you were separated.

That will indicate to any branch that you'd have to have a waiver to join, because the issue that caused the separation would have to be addressed. As I noted before, waivers are not being granted with the same regularity right now because there are plenty of applicants for recruiters to meet their requirements.

You can get into other branches and possibly the Air Force again, but the basis for the involuntary separation would have to be addressed and a waiver would have to be obtained.

You can only enlist in any branch if you find a recruiter that is actually willing to process that waiver request for you.

Expert:  Allen M., Esq. replied 8 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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