Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law

I have a few quick question. I am trying to figure out if I

Customer Question
can re-enlist after an uncharacterized...
I have a few quick question. I am trying to figure out if I can re-enlist after an uncharacterized discharge
JA: Are you overseas or stateside?
Customer: Stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: I spoke with the first sergeant and he instructed me to reach a recruiter
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, I have an article 15 but Im not sure if its on file
Submitted: 1 year ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 4 minutes by:
9/29/2016
Military Lawyer: Allen M., Esq., Lawyer replied 1 year ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,431
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.

The issue wouldn't be your uncharacterized discharge or the Article 15, directly. However, the underlying facts that led to the uncharacterized discharge may have resulted (and likely did result) in an RE code that wouldn't allow reenlistment.

It is the reenlistment code, often called the RE code, that decides this issue. It would be located on your DD Form 214.

Chances are you are either barred from reenlistment entirely (an RE-4) or you have an RE code that requires a waiver (RE-3 or perhaps RE-2).

Waiverable RE codes are effectively a bar to reenlistment right now also, given the reduced budget and positions for hire. You can't demand or apply for a waiver. Waivers are appeals that recruiters submit, and they only do so when they can't meet their numbers without one.

The only other option would be to try and have the RE code changed, but that is very difficult. You'd have to prove that the basis for your discharge was either an error or an injustice, a very high burden to meet.

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 three, a four or preferably a five star 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.

Ask Your Own Military Law Question
Military Lawyer: Allen M., Esq., Lawyer 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.

Ask Your Own Military Law Question
Customer reply replied 1 year ago
on the DD-214 it shows the code of JGA/2C. The article 15 was based on performance/ misconduct. Does this mean I am banned from re-enlisting in the Air Force? If so, would you know if it is possible to join another branch with these codes?
Military Lawyer: Allen M., Esq., Lawyer replied 1 year ago

JGA refers to entry level status, which is just the title of the basis for separation.

The issue is the RE code. The RE-2C indicates that you were not eligible for reenlistment or continued enlistment at the time you were separated.

That will indicate to any branch that you'd have to have a waiver to join, because the issue that caused the separation would have to be addressed. As I noted before, waivers are not being granted with the same regularity right now because there are plenty of applicants for recruiters to meet their requirements.

You can get into other branches and possibly the Air Force again, but the basis for the involuntary separation would have to be addressed and a waiver would have to be obtained.

You can only enlist in any branch if you find a recruiter that is actually willing to process that waiver request for you.

Ask Your Own Military Law Question
Military Lawyer: Allen M., Esq., Lawyer 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.

Ask Your Own Military Law Question
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
I received a field article 15 when I was deployed in 2011. I
Hi I received a field article 15 when I was deployed in 2011. I lost my rank and 45 days extra duty. I was accused of trying to defraud the government. Before my deployment I stationed at for Polk LA,… 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
I have article 15 first reading tomorrow. Stateside., JBLM.
Hi JA: Hello. How can I help? Customer: I have article 15 first reading tomorrow JA: Are you overseas or stateside? Customer: Stateside JA: Have you talked to anyone in the chain of command about this… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
In an initial article 15 reading, can proceeds be stopped,
in an initial article 15 reading, can proceeds be stopped, charges rewritten then have a new initial art 15 reading? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
If I receive punishment of Article 15(Captains mast) after
If I receive punishment of Article 15(Captains mast) after intentionally failing a Pfa test in the us navy, will this lead to a dishonorable or OTH discharge?… 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
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
I want to know if company grade article 15's are on my
i want to know if company grade article 15's are on my permanent record … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,431 satisfied customers
I have an article 15 question. Overseas. This article 15
Yes this article 15 popped up on my records from 1998 … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 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

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