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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34997
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Sirs I have a quick question. My son was convicted

Customer Question

Sirs:
I have a quick question. My son was convicted in special court martial on 22 Aug 2007. On Feb 12 2008, the commanding General of Fort Leonard Wood reviewed the case and wrote a letter to the accused saying, I quote: the findings and the sentence are disapproved and the charges dismissed. All rights, privileges, and property of which the Accused has been deprived by virtue of these proceedings will be restored. end quote. My question is should he have been allowed to serve out his term of enlistment and if so how can we proceed to get him back into the Army? I know it's 2 years later, but a lot of things have transpired in that time. Thank you for any help on this matter. 20+ AF Vet.
Submitted: 7 years ago.
Category: Military Law
Expert:  P. Simmons replied 7 years ago.
Thanks for the chance to assist. That is a GREAT result. Seriously, its rare to have the convening authority dismiss the charges. Good for your son.

As to his enlistment...since he was awarded and approved a discharge, he would have been bound by his original contract...that is, since the charge was dismissed, he was never convicted. But if his contract expired, then he would be separated...hopefully with an honorable conditions discharge.

As for getting back in, take a look at his RE Code on his DD214, Copy 4. So long as he has an RE 1 or 2 he is eligible to re-enter the service.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.