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I have a jda1 and re3p re enlistment code and I want to re…

I have a jda1...

I have a jda1 and re3p re enlistment code and I want to re enlist in the marine corps

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

This discharge took place in 2011 whole I was in recruit training Paris island I got an entry level separation due go chronic ear infections

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Customer reply replied 10 months ago
While going through the process the ent specialist found scar tissue in my ears asked what that was from and I said I had tubes when I was little then they said I hid it from meps but that wasn't the case it had been a decade since my last ear infection I didn't think it was anything I was 8 I don't even remember that far back but they determined me a fraudulent enlistment into the marine corps
Answered in 13 minutes by:
9/12/2017
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,933
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for the information and your question. As it stands now, with the JDA1 separation code, you would not be eligible for re-enlistment. That is because it is a "fraudulent enlistment" code. The RE 3P code could, potentially, be waived if the condition you had was no longer found to be an issue. However, the JDA1 cannot be waived. That is a complete bar to re-enlistment.

If you want to try, you can file a petition with the Board for Correction of Naval Records and see if they will change your codes. However, you will have to prove that the codes were awarded in "error" or as an "injustice." Normally though, if you didn't provide the information on your medical forms about the previous surgery and ear issues, that would be enough for a fraudulent enlistment finding.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box on this page of my efforts to provide you with the information you asked for, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 10 months ago
the only possible avenue would be to go the board for corrections of naval records but even that would be more than likely no be successful?

That is, unfortunately, correct. But, it doesn't cost anything but your time to try. Here is a link to the Board webpage: http://www.secnav.navy.mil/mra/bcnr/Pages/home.aspx

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Customer reply replied 10 months ago
Okay Thanks I have some more questions. Prior to this conversation I had the understanding that the Re-3P code was going to be my issue but it appears it's the JDA1 code that is what's stopping me from service. Correct?

Yes, the JDA1 is the bar. The Re code would need a waiver, so it isn't a non-issue, but it isn't a bar to re-enlistment. Waivers though, right now, are hard to come by since there have been personnel cutbacks over the last few years, so less enlistees are needed. That means Services can be more selective and thus, waivers are hard to get.

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Customer reply replied 10 months ago
Is that bar of re-enlistment specifically for the Marine Corps or any branch of U.S. Military to include National guard and reservists?

Any branch of the Service. I will be logging off in 5 minutes as I have to take care of some Irma related issues with my car. But, if you have further follow up questions, I will get back to you first thing in the morning.

Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,933
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
Marsha411JD and 87 other Military Law Specialists are ready to help you
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Customer reply replied 10 months ago
I think I have all I need thank you for your time.

You're very welcome.

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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).

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