Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

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.
Show More
Show Less
Ask Your Own Military Law Question
Answered in 1 hour by:
8/31/2017
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,975
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Ask Your Own Military Law Question

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

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

Ask Your Own Military Law Question
Customer reply replied 5 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?

Ask Your Own Military Law Question

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

Ask Your Own Military Law Question

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: 35,975
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 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.

Ask Your Own Military Law Question
Customer reply replied 5 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.
Was this answer helpful?
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,975
35,975 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons 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

35,975 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

5,188 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
In September of 2003, I was administratively discharged from
In September of 2003, I was administratively discharged from the Navy. I had over the three year period struggled with early morning rising, and was frequently late for work. There was plenty of specu… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
After a year in marines i get text my son is voluntary
After a year in marines i get text my son is voluntary discharge general … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I am a Marine Corps Veteran whom recently noticed my DD214
I am a Marine Corps Veteran whom recently noticed my DD214 says Under Honorable Conditions (General). Up until this point I thought I received an Honorable discharge. My Pros/Cons average marks in ser… read more
P. Simmons
P. Simmons
Military Lawyer
35,975 satisfied customers
I have had recruiters tell me to find a doctor and get a
Hello. I have had recruiters tell me to find a doctor and get a evaluation. Is that true or is there more of a process? … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I was discharged for marine prior to completing boot camp at
I was discharged for marine prior to completing boot camp at MCRD. How do I determine discharge type … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
Can I use a military lawyer if I am in the marines delayed
Can I use a military lawyer if I am in the marines delayed entry program and signed my contract ? … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
My son is in the Marines, and did not disclose that he has
My son is in the Marines, and did not disclose that he has ADHD. If he discloses that now, would he be able to get medication to treat it? And, I think he also suffers from depression. He has not repo… read more
P. Simmons
P. Simmons
Military Lawyer
35,975 satisfied customers
Need to know how to get a hardship discharge started,
need to know how to get a hardship discharge started … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I am a enlisted marine in the marine corps an E3 to be
Hello I am a enlisted marine in the marine corps an E3 to be exact. Tonight I called PMO on a Japanese local who was at our barracks under suspicion that she may be drinking and driving, I'm stationed… read more
P. Simmons
P. Simmons
Military Lawyer
35,975 satisfied customers
I started active duty in the marine corp on September fifth
Hi, I started active duty in the marine corp on September fifth of 2017 and I hate it, the stress is so much and I can't handle the lifestyle, I'm constantly depressed and I don't know what to do, I j… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I was discharged with 30 years of service general discharge
i was discharged with 30 years of service general discharge under honorable condition can i apply for military retirement pay and benefits … read more
P. Simmons
P. Simmons
Military Lawyer
35,975 satisfied customers
I'm trying to reenlist but my recruiter claims there's no
I'm trying to reenlist but my recruiter claims there's no possible way for me to overcome an RE 4 code … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
How hard is it to change an re3 to a re1 for thw marine
how hard is it to change an re3 to a re1 for thw marine corps. Also how much does it cost? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I was in the Marine corps 1984-1988,(honorable discharged).
I was in the Marine corps 1984-1988,(honorable discharged). Later on I enlisted in the army reserve, with no activation. 1996-2000(honorable discharge). I have worked for 22 years in my job, I have had multiple sclerosis for 18 years. I am now on short term disability through work. I have been diagnosed since 1999. Wanted to ask if the VA would offer disibility. Or would I be SOL. Thank you. Regards … read more
P. Simmons
P. Simmons
Military Lawyer
35,975 satisfied customers
I am 20 years old and in the Marines, in a relationship with
So I am 20 years old and in the Marines, in a relationship with a 16 year old from back home. So far as I've looked age of consent laws under the ucmj, and my state, say that she is in the age of consent. I have not engaged in any physical sexual activity, but I have sent nude pictures of myself. Her father found them, and is threatening to prosecute me under the UCMJ. Is this a reasonable threat? Should I seek a lawyer? … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I know a Marine that is in a tight spot with a NJP on
Second opinion] I know a Marine that is in a tight spot with a NJP on Adultery. Can they still charge him with Adultery if his Ex wife signed the divorce papers but weren't filed yet? No one physicall… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I received a DD 258 MC discharge from Marine CorpsI read
I received a DD 258 MC discharge from Marine Corps I read above that after 15yrs it's nearly impossible to get it changed. (1975) Is there any other options?… read more
P. Simmons
P. Simmons
Military Lawyer
35,975 satisfied customers
I was honorably discharged from the Marine Corps. with an
Hi, I was honorably discharged from the Marine Corps. with an re-04 reenlistment Code. I've read that it means I was discharged while being not recommended for reenlistment. Does that mean I would nee… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 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