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PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1069
Experience:  33 years military law experience.
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i recived a ar 135-178 chapter 13 from my unit commander its

Resolved Question:

i recived a ar 135-178 chapter 13 from my unit commander its basically a notifcation of seperation preceedings due to unsatisfactory attendence. i will recieve a general under honorable conditions discharge. i want to know can i reenlist or ask to go active right away and fight to do so at my court hearing.
Submitted: 8 years ago.
Category: Military Law
Expert:  PhilCave replied 8 years ago.
Are you National Guard or Reserve?
Customer: replied 8 years ago.
army reserve
Expert:  PhilCave replied 8 years ago.
Which of these conditions do you fall under?

13–1. Basis
a. A Soldier is subject to discharge for unsatisfactory participation when it is determined that the Soldier is unqualified for further military service because:
(1) The Soldier is an unsatisfactory participant as prescribed by AR 135-91, chapter 4; and
(2) Attempts to have the Soldier respond or comply with orders or correspondence have resulted in—
(a) The Soldier’s refusal to comply with orders or correspondence; or
(b) A notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or
(c) Verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed.
Customer: replied 8 years ago.

1 i recieved more than 9 u's in one year peroid

Expert:  PhilCave replied 8 years ago.
It looks like they have decided your overall character doesn't warrant an OTH, and also I suspect they are doing this because it is easier -- at this point it's a paper drill for them.

"Characterization of service normally will be Under Other Than Honorable Conditions, but characterization as General (under honorable conditions) may be warranted under the guidelines in chapter 2, section II."

There will be no court hearing.

You have the opportunity to talk with a military lawyer about this. You can call the Trial Defense Service Office at either Fort Dix or Fort Drum.

Your basic "rights" at this point are to talk with an attorney and to submit written matters as to why you should not be discharged. Usually those matters include witness statements and documents showing that you couldn't drill for medical reasons, or your employer interferred with you going; AND that the unit refused to allow a makeup or an AA for bad motives. Basically this is your chance to state the reasons you should not be discharged. Sometimes it's possible to visit/call the commander and ask him/her to change their mind. But that can be hard to do. He/she would need an extremely good reason why they should give you a second chance.

Once the action is complete you will receive a discharge letter. You will likely receive an reenlistment code - 4 (RE4) which means you can't reenlist in any service without a waiver. Waivers are hard to get these days because recruiting is going well because of the economy.

The TDS at Fort Dix is a reserve unit and I don't see it listed on the Garrison web, but it's possible someone is drilling this weekend even though it's a long weekend for the military.

Sorry, but I hope this helps to get you on track.
PhilCave and other Military Law Specialists are ready to help you
Customer: replied 8 years ago.
is it posible or likely that i can convince my comander to allow me the chance to reclassify into active or would i have to ask for a reenlistment code.
Expert:  PhilCave replied 8 years ago.
There is no harm in trying to meet with the commander and asking him if he will support you going active. That will have to be negotiated with others. The problem is that they will view you as already unreliable.

There is little discretion on reenlistment codes. Again there is no harm in asking. I have seen some Reservists put out for missed drills with an RE3, but that also gives enlistment/reenlistment problems.

It will depend on whether you have a compelling story on why you missed drills.

You should also talk with an active duty recruiter to see what he/she can do.

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