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I have a an uncharacterized discharge with a RE-3 code. What…

I have a an uncharacterized...
I have a an uncharacterized discharge with a RE-3 code. What information would need to be provided by myself for the review board to conduct a record review or would you suggest appearing before the review board (myself or counsel/representative)? I have a constant desire to finish what I started.
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Answered in 1 hour by:
8/31/2017
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,265
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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this depends...what is your goal here? You want back in?

Can you tell me, what happened to land you an RE3?

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Customer reply replied 9 months ago
I would like back in. I was constantly sick and dropped over 30 pounds off an already skinny frame, I have since recieved a final diagnosis from a gastroenterologist and have learned to manage my stomach issue (IBS) without medication.

Thanks

So what is the goal? To change the RE Code?

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That is, you ask about the review board...are you thinking you can change the re code?

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I am going to assume you are referring to the board of corrections in an effort to change the RE code.

Based on what you describe, this is likely a waste of time

It is possible to modify a military record (for example, to "upgrade" a discharge from "general" to "honorable")

The Board of Corrections for Military Records can do this.

However, it is by no means automatic...

In order to a change the board of corrections will require the applicant provide evidence of "error or injustice". Only when provided with compelling evidence of error or injustice will the board of corrections make a change to a military record. The board of corrections grants the military with a "presumption of regularity"...basically they presume the record is correct. The burden to rebut that presumption is on the applicant.

So...if you want to change your record? You have to prove there is an error in the record. For example, if they discharged you improperly AND you can prove it? That COULD be a basis to change the record.

But unless you have such evidence, the board is not going to make any changes to your record...and changing the RE Code is nearly impossible...you have to prove they used the wrong code when the separated you...and that is not what you are describing.

If the goal is to reenter? You would be better served spending your energy finding a recruiter who can help you apply for a waiver. An RE3 code can be waived...it is possible. I would focus on that, as opposed to trying to change the record.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,265
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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P. Simmons and 87 other Military Law Specialists are ready to help you
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Customer reply replied 9 months ago
Thank you, ***** ***** will look for a recruiter suited for applicants needing a waiver.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
One more thought. Waivers fluctuate (they ebb and flow based on several factors) Today, they are tough to get.
The largest problem you face is the poor economy. The poor economy has caused a flock of people turning to the military for jobs. Despite the war recruiting is way up in all branches. The need for the services to grant waivers has decreased. For example the Marines recently decreased their maximum age for enlistment.

That said, the economy is improving...and the Presidents budget calls for an increase to the military. IF this is passed, you can expect that waivers will open up...I would wait for the budget to pass...then wait a few more months BEFORE I went in search of a recruiter.

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Customer reply replied 9 months ago
Understood, sir. Fortunately/unfortunately for me (depends on how you look at it) I make more than I would in any branch as a non-com, this is solely a goal of finishing what I had started because I physically failed.
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