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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19306
Experience:  Lawyer and current JAG officer.
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My son was just discharged (honorable) from the USCG but

Customer Question

My son was just discharged (honorable) from the USCG but they said for misconduct with not eligible for any other military branch. He was charged with a DUI with evading. The urine test came back under the legal limit so the court gave him a $30 fine for failure to leave his license. No suspension of license and no dui and evading. The CG waited 11 months to discharge him and gave him a commendation. I feel that this is too harsh and want to petition to get it changed. Not sure if we have a leg to stand on. He would be interested in another military branch but right now that is off the table. Obviously.
JA: Since laws vary from place to place, what state is this in?
Customer: CT is where the dui was and NH is where he was stationed. The cop in CT has the most dui arrest for the last 5 years. He has a reputation.
JA: Have you talked to a lawyer yet?
Customer: yes, I hired Tully Rinkey and they charged me $3ooo retainer. Ate up the retainer and did NOTHING
JA: What advice did they give you? Anything else you think the lawyer should know?
Customer: I hired them in the early stages.They ae up the money "researching the uscg laws, editing "personal reference" letters they had me type up and making calls that resulted in answers like "the command doesn't have the paperwork yet"
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.

Getting these things changed (specifically, the RE-code is what you need to change) is exceedingly difficult. It's not that the process itself is hard. It's just that the board rarely grants the request.

Your son would have to file a DD Form 149 with the military records correction board, asking that they change the record to allow him to rejoin. He would have to prove either an error or an injustice to get them to change it.

You can't show error because that is an legally available RE code for this situation, so you'd have to prove injustice. You stated that you feel this is overly harsh. It may have been for his particular unit perhaps, but military wide it is not. It is typical.

However, if he can show that he was unfairly singled out while others received more favorable separations, then he can perhaps convince the board.

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.

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

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