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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19169
Experience:  Lawyer and current JAG officer.
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Was discharged in 2010 with a re enlistment code of re3

Customer Question

Was discharged in 2010 with a re enlistment code of re3 reason for separation was I passed out they thought I had seizures went to a neurologist stated no epilepsy I would like to re enlist
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: I haven't had any issues since my time of discharge and have been on no medications
JA: Have you talked to a lawyer yet?
Customer: Tennessee
JA: Anything else you think the lawyer should know?
Customer: And no I have not
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year 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.

That's going to be very difficult with that RE code. Right now, waivers are very rare because there are more applicants for military service than there are jobs to fill. Getting a waiver is an unrealistic goal. Instead, you should seek to alter that RE code, which is hard but more likely than a waiver right now.

You need to file a DD Form 149 with the records corrections board, using medical evidence to show that you should not have been given that RE code. In that way, you can make your chances of reenlistment realistic.

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. 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.

Customer: replied 1 year ago.
Even for the national guard
Expert:  Allen M., Esq. replied 1 year ago.

Yes, even for the national guard.

Customer: replied 1 year ago.
What re code should I request it be changed to
Expert:  Allen M., Esq. replied 1 year ago.

RE 2 or 1.

Customer: replied 1 year ago.
Ok because the guard recruiter in Tennessee said their numbers are low and need recruits
Customer: replied 1 year ago.
the ref states must be seizure free 5 years and no meds I am just confused
Expert:  Allen M., Esq. replied 1 year ago.

Sure, but getting a waiver is very hard.

You can certainly try, but that sort of waiver is very hard to come by. They are more likely to give a waiver for a criminal offense than a seizure situation.

Your position is that you shouldn't have gotten that RE code in the first place....a correction of the record.

Customer: replied 1 year ago.
The civilian doc that I was referred to said no evidence of seizure activity
Expert:  Allen M., Esq. replied 1 year ago.

Perfect. That's what you want.

Again, your position is that you shouldn't have gotten that RE code in the first place. It is an incorrect record, which is what DD Form 149 is for.

Customer: replied 1 year ago.
Where can I get that form
Customer: replied 1 year ago.
Could my congressman help with this
Customer: replied 1 year ago.
would my current doctors notes work stating that I haven't been on any medication since I have been in his practice work
Expert:  Allen M., Esq. replied 1 year ago.

Not really. All a Congressman can do is make sure the law is being followed. They can't override law.

Right now, you legally have an RE code that makes it difficult to rejoin. You legally have the ability to file a DD Form 149 to get that changed.

Expert:  Allen M., Esq. replied 1 year ago.

Yes, a current medical note would certainly be good evidence.