Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have a separation code jfw, re code 3, uncharacterized…

Customer Question
I have a separation code...
I have a separation code jfw, re code 3, uncharacterized discharge. They discharged me from BCT in 2008 for "EPTS depression/anxiety". I was being harassed by a Drill Sgt from another platoon who was also sleeping with a female in my platoon. He made me stand guard several times while they were in the CQ together, and when I said I was going to tell someone, he made me go to BMD a few times, they asked about my medical history and found that I had taken meds for a month in high school after my grandmother died, and said that was enough to kick me out because i didnt list it on my enlistment paperwork. I want to go back in the NY National Guard, is there anything I can do?
Submitted: 2 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 6 minutes by:
1/21/2016
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,621
Experience: Lawyer and current JAG officer.
Verified

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.

Unfortunate, it will be very unlikely that you can ever enter the military again. While an RE-3 can receive a waiver, waivers are not a right and they aren't being granted right now because there is no shortage of recruits trying to join.

Additionally, depression is a very serious concern for the military, as suicide is still a major factor in the deaths of American service members.

To be able to get back in, you have to get that record changed in regards ***** ***** RE-3 and the only way to do that is to file a DD Form 149 with the military records corrections board, in an effort to get them to change the record regarding your separation. You would have to show that the record was either in error or was an injustice. Now, you certainly have some arguments to that effect. The issues that your Drill Sergeant was facing are certainly telling of an unprofessional individual and so it is not unreasonable to suspect that you were being harassed. You do, however, have this medical history concerning depression. You will need medical evidence to support that this was an event based depression and not a physiology based depression...evidence sufficient to convince the board to change your RE code and narrative for your separation to make it easier to reenlist.

This is the only conceivable method of reentry.

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. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Military Law Question
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago

Hello, I wanted to check in and make sure that there was not any additional information that you required. 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.

Ask Your Own Military Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 20,621
20,621 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

15,273 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

20,621 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,926 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
I just graduated BCT for the Army this past Thursday and am
I just graduated BCT for the Army this past Thursday and am now being held under at AIT, where I start classes Tuesday. I've struggled with depression my whole life and that intensified immensely whil… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I have a question about a jacked up platoon sgt in my unit.
I have a question about a jacked up platoon sgt in my unit … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Son chaptered out of Army Fort Benning 11/2016 JA: Have you
we cant do this on our own I work as a Coast Guard License Captain in NY. He is going no where unless this code is changed… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
I just found out that I will get uncharacterized chapter
I just found out that I will get uncharacterized chapter 5-11. I obtained a citizenship through MAVNI program and people are saying that USCIS will revoke my citizenship because my discharge type is u… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I enlisted in USAR in October 2015 and started IET training
I enlisted in USAR in October 2015 and started IET training in January 2016. I have now been suggested for a discharge because of lyme disease I obtained in 2016. What discharge would this be consider… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I wish to re-enlist in the Army. I was discharged during
I wish to re-enlist in the Army. I was discharged during Basic Training with an RE-Code 3, Separation Code JFW 2 years ago for depression. I have not had any issues with depression since. I was told m… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
Carroll, and whether or not I could reenlist with a re code
Customer: ***** ***** Carroll, and whether or not I could reenlist with a re code 3 jfw seperation code … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
My grandson was discharged (uncharacterized) from army boot
My grandson was discharged (uncharacterized) from army boot camp on EPTS with a Chapter 5-11 citation. What is 5-11? He thinks he can re-enlist after 6 months--Is this possible?… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
20,621 satisfied customers
Im currently an enlisted soldier in the Florida Army National
I'm currently an enlisted soldier in the Florida Army National Guard. I am trying to get out as l am 28 years old and have literally lost everything (my car, savings, business, apartment) since being … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Hello I am a 22 year old that has been going through probably
Hello I am a 22 year old that has been going through probably your most common problem, which is re-enlisting back in the armed services. I have received an RE-3P out of the Marine Corps Recruit train… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I have a separation code JFW, uncharacterized discharge, reentry
I have a separation code JFW, uncharacterized discharge, reentry code 3. I have an EPTS for anxiety/depression and I have never been diagnosed nor have taken meds. I was at Fort Jackson and filled out… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I served in the National Guard 2 yrs from 1997 to 1999. During
I served in the National Guard 2 yrs from 1997 to 1999. During which I was released from active duty training for EPTS Disability due to asthma. Before enlisting, I was issued a waiver to enlist due t… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I joined the army in 1995. During basic training I was pushed
I joined the army in 1995. During basic training I was pushed down to the ground by a male drill sergeant, and verbally assulated during a PT excercise. I immediately went to his superior and he was s… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
20,621 satisfied customers
RE-Code 3, Separation Code JFW I enlisted in the Army
RE-Code 3, Separation Code : JFW I enlisted in the Army and had No Civilian medical records to submit to the Army. During training a battle buddy reported me to a Drill Sergeant for "weird behavior". … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
20,621 satisfied customers
I attended basic combat training in February of 2008 and injured
I attended basic combat training in February of 2008 and injured my ankle and knee in a training exercise and could barely bear any weight on it. I attempted several times to request medical help (ie:… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I enlisted in the delayed enlistment program with the national
I enlisted in the delayed enlistment program with the national guard when I was seventeen, and went through my 9 week BCT but never went to AIT the following summer. I suffered severe depression and c… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
My son enlisted in the Army in 2007. Before enlistment, he
My son enlisted in the Army in 2007. Before enlistment, he informed recruiting officer that he had knee surgery in 2005. They obtained his med records & he apparantly was able to enlist. Shortly after… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
20,621 satisfied customers
10 years ago I was given a Medical Discharge from the Army
10 years ago I was given a Medical Discharge from the Army because of attempted suicide. At the time, there were extenuating circumstance which led to my believing that taking my life was the only opt… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 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