Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

I was recently involuntarily separated from the Air force with

a reenlistment code of 2c...
I was recently involuntarily separated from the Air force with a reenlistment code of 2c JFX (personality disorder). I want to appeal this. I admit that I did suffer a period of depression and was sent to a treatment facility for 42 days doing group and individual counseling. My diagnose from the facilily was major depression. Yet, they provided the tools and medication to help me. So I return to my unit excited to be back on the job and to restart my career, but my commander set up a mental revaluation within 5 days of my return and said that she expected to separate me too. My mental reval consisted of a true and false questionaire which they said I didn't pass. I requested for a second opinion and was sent at my expense to another military facility which again I was given a true and false questionaire. During this entire time I am having to start outprocess for my separation. I believe the time and manner of the evaluations worked against me in that I was under extreme stress. I also don't understand how a questionaire can supercede the diagnose of the treatment facility where I was under observation and received countless of hours of counseling. I have only been back home a week-should I appeal now? Will the VA help me? Do I need to get reevaluated?
Show More
Show Less
Ask Your Own Military Law Question
Answered in 3 minutes by:
7/11/2013
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,431
Experience: Lawyer and current JAG officer.
Verified
Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

If the separation has already happened, there is no way to appeal it. Your appeal rights occurred while you were still in.

You can use DD Form 293 to upgrade the discharge status if you got a general discharge or you can use DD Form 149 to actually correct the record and remove the discharge basis from the record, but those won't get you back into the military. You would have to reenlist, which isn't possible with your current reenlistment code.

So, unless you received a General Discharge, there really is no reason to use a DD Form 293, because that is just for upgrading status. They can't actually remove or change the nature of the discharge itself. Only the DD Form 149 board can actually change your reenlistment code so that you can rejoin.
Ask Your Own Military Law Question
Customer reply replied 4 years ago

I did put in a rebuttal/appeal packet with the help of a military lawyer while I was in, but it was turned down. There was no lawyer available on base at the time, so I had to work with someone by email and phone from another location. I received very little support. Should I get mentally reevaluated again to include in my packet to the DD Form 149 board?

I'm sorry that they didn't assist very much in your appeal, but it's not technically even a legal appeal. It's a letter to a commander, who almost always sides with the lower level commander. Even with local attorney assistance, you have very little chance of winning an appeal at that level.

Yes, if you are going to have a military records board overturn the record as error, you need to have independent medical evidence to back up your position. Otherwise, they will just side with the least favorable view of the medical evidence currently in the record.
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,431
Experience: Lawyer and current JAG officer.
Verified
Allen M., Esq. and 87 other Military Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

I have only been out one week-is there a time limit in regards XXXXX XXXXX in the packet? My parents are military and will be PCSing in 3 weeks so I can't get a mental health appointment until we get to our new location.

Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19,431
19,431 Satisfied Customers
Experience: Lawyer and current JAG officer.

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,718 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

19,431 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
My dad Herbert L Sr. was retired from the Air Force and he
My dad Herbert L Barnes Sr. was retired from the Air Force and he has now died. I don't know if ha had a will or anything, and I was wondering if I was entitled to anything from him, my name is***** J… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,431 satisfied customers
Ive been in the air force for close to 6 years and will be
Second opinion] Hello,sir or ma'am! Ive been in the air force for close to 6 years and will be ending my contract in 2 months. Ive been suffering from mental health issues to include depression, memor… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Ive been in the air force for close to 6 years and will be
Hello,sir or ma'am! Ive been in the air force for close to 6 years and will be ending my contract in 2 months. Ive been suffering from mental health issues to include depression, memory loss, anxiety,… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,431 satisfied customers
I was recently discharged with entry level separation,
I was recently discharged with entry level separation, fraudulent enlistment from the Air Force because of a history of self harm and unstable mental illness. I exaggerated because I wanted to get hom… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,431 satisfied customers
I'm interested in joining the air force, but I've previously
I'm interested in joining the air force, but I've previously had two medical marijuana cards (now both expired). I'm interested in a job with top secret security clearance, so what are the chances tha… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Air Force C-17 pilot starts a relationship with a female
Air Force C-17 pilot starts a relationship with a female C-17 pilot on the same base while married to my daughter. They are still married but divorce mediation is in 10 days. He literally kicked her a… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I was medically discharged from air Force before completing
I was medically discharged from air Force before completing basic training. Does that qualify me for anything? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I was arrested for a DUI on a Air Force base in Arizona. The
I was arrested for a DUI on a Air Force base in Arizona. The Security Forces "Police" were on scene when I came home; they were called by my wife. I left home after an argument. I presume they told he… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am being discharged from the Air Force with a general
I am being discharged from the Air Force with a general discharge for marijuana use. I tested positive on a random UA. Prior to my discharge I received an article 15. Will this appear in a background … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
Our Daughter is in the Air Force. She went to BMT August 15
Our Daughter is in the Air Force. She went to BMT August 15 2017 and graduated on October 5 through 8th 2017. She also completed airmans week October 15th. She entered med hold on October the 16. She … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I recently retired from the Air Force and am trying to apply
I recently retired from the Air Force and am trying to apply my US Air Force Academy time to my current retirement system. The state law says that, "[Retirement](2) Membership service credit shall be … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My son who is in the Air Force told a counselor that he has
My son who is in the Air Force told a counselor that he has had thoughts of suicide. Basically, he is a bit high strung, and says things like that when he fails at something. I sincerely ***** ***** w… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,959 satisfied customers
A person with an honorable discharge with a separation code
A person with an honorable discharge with a separation code KGF qualify for a VA loan ? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,431 satisfied customers
What are my chances of re-enlisting into the Air Force when
What are my chances of re-enlisting into the Air Force when I was separated with a 4c re-entry code. It was a get fit fail … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I was discharged from the air force in 1969 with an
I was discharged from the air force in 1969 with an honorable. At this date what chance do I have to upgrade?… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,431 satisfied customers
P., I have an entry level discharge from the Air Force for
Hi P. Simmons, I have an entry level discharge from the Air Force for fraudulent entry(drug abuse). I passed my MEPs drug test, but later failed my drug test on the first day of basic training from TH… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Have a son just discharged from the air force after failing
Have a son just discharged from the air force after failing a urine test for Adderall. Is there someone I can speak with to share the details to see if there may be any recourse taken? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My deceased brother was discharged from the U.S. Air Force
My deceased brother was discharged from the U.S. Air Force before the completion of his third re-enlistment. The reason cited on his DD214 is "Chap 2, Sec A, AFM 39-12." The character of service is li… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x