Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I received an honorable discharge with an re-4 code for

Hi, I received an...

Hi, I received an honorable discharge with an re-4 code for alcohol rehabilitation failure back in 2006. Since my discharge I have stopped drinking and have had no further incidents with alcohol. What are the chances to get this information removed or changed (particularly the alcohol rehabilitation failure)?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

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

No I'be been out for almost 12 years

Show More
Show Less
Ask Your Own Military Law Question
Answered in 1 minute by:
11/11/2017
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,701
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

I am sorry for this dilemma. But not sure I understand your specific question. What do you mean "removed"? Is there an error on your DD214?

Ask Your Own Military Law Question
Customer reply replied 9 months ago
Ok

That was a question... What do you mean "removed"? Is there an error on your DD214?

Ask Your Own Military Law Question
Customer reply replied 9 months ago
No there wasn't an error, I mean can I have it changed or upgraded? Or is it permanently there?

Is it possible to modify a DD214 (to "upgrade" it from "general" to "honorable", or to remove language)? Certainly. That is possible.

The Board of Corrections for Military Records can do this.

However, it is by no means automatic...

In order to grant an "upgrade" 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 would be a basis for upgrade.

But unless you have such evidence, the board is not going to make any changes to your record.

I am very sorry to have to bear bad news.

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.

Ask Your Own Military Law Question

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,701
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
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,701
37,701 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

37,701 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

5,454 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,926 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
I am looking into getting my RE code of 4 possibly upgraded,
I am looking into getting my RE code of 4 possibly upgraded … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
I was discharged after 12 months active duty airforce at age
I was discharged after 12 months active duty airforce at age 18 for one count of under age drinking. My re code is re-2 General under honorable conditions with a separation code JKN minor disciplinary… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
I was discharged from the Navy with a general discharge
Hello my name is***** was discharged from the Navy with a general discharge under honorable conditions. I have an RE-4 separation code. Since I was discharged I have had my discharge changed to Honora… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
I am interested in what it would take to reenlist into the Navy. I left with a general und
I am interested in what it would take to reenlist into the Navy. I left with a general under honorable conditions with an RE4 code. My shipmates, and closest friends got involved with drugs. I heard o… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
Mr. Simmons, In 1991, I self-sought treatment for heavy drinking
Mr. Simmons, In 1991, I self-sought treatment for heavy drinking and marijuana use while in the Marines. It was a brief concern of mine since I had lost my father a few years before for alcoholism. I … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,701 satisfied customers
The conviction is Field Grade Article 15 for General Order
The conviction is Field Grade Article 15 for General Order One violation in Iraq [drinking] and a second count of not reporting the drinking of others. Is this a "conviction" that can be overturned?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
Hello I have a question concerning my RE-4 discharge code as
Hello I have a question concerning my RE-4 discharge code as to what specific information I would need to get the RE-code changed, for my ability to re-enlist in the United States Army. My code issued… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
I recieved an Under honarable discharge from the IL National
I recieved an Under honarable discharge from the IL National Guard for "failure to complete alchohol and or drug rehabilitation". I am trying to re-enlist in the National guard but you can not get a w… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,701 satisfied customers
Wanting to re-enlist with disability, I was in the Marines
Wanting to re-enlist with disability, I was in the Marines from 2002-2007, got out with hon discharge. My re-enlistment code is RE-1. I also want to be an officer, next March I will have a Bachelor's … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,701 satisfied customers
I am a SSG promotable with 9 years of service. I was arrested
I am a SSG promotable with 9 years of service. I was arrested for a DUI (BAC .109) on March 5th, civilian court is still on going, my unit inter-post transferred me within four days of this incident. … read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
I received an Article 15 for testing positive on a UE in 2003
I received an Article 15 for testing positive on a UE in 2003 while on Active Duty Army. While i admitted to use and took the NJP.This comes up on background checks for everything from jobs to Conceal… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,701 satisfied customers
I was enlisted in the Coast Guard and recieved 2 alcohol incidents
I was enlisted in the Coast Guard and recieved 2 alcohol incidents within 2 years. It wasn't until after my second incident that I was offered any kind of rehabilitation treatment, along with my RE-4 … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,701 satisfied customers
My nephew received a DUI 5 years ago and a second one about
My nephew received a DUI 5 years ago and a second one about a month ago on leave -- both off base. He's receiving NJP, so he will be separated, plus lose his benefits, serve 30 days in restriction, an… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
i was discharged from the navy in 2006 due to alcohol rehab
i was discharged from the navy in 2006 due to alcohol rehab failure... i was married and was going through a crucial divorce and lets just say i lost my damn mind. i contributed outstanding work and i… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
I have an honorable discharge from the Marine Corps, but I
I have an honorable discharge from the Marine Corps, but I received a RE-4 reenlistment code and a Separations code of JPD1. I know that I have a better chance of winning the lottery, but can I ever s… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,701 satisfied customers
I got charged with disorderly conduct and public intoxication
I got charged with disorderly conduct and public intoxication while on leave. I am in ASAP as a self-referral can i be discharged or punished by my chain of command?… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
My son was discharged from the Coast Guard a week ago. He had
My son was discharged from the Coast Guard a week ago. He had two operating under influence in a period of a month and a half. Help was offered form the Coast Guard after the second which he accepted.… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,701 satisfied customers
What kind of discharge will I get if I fail the PRT too many times
I've been in the Navy for 8 years and am a Navy Nuke. I failed the PRT a year ago and passed the last one barely because they kinda gave me some slack on the measurements. I'm at 26% body fat right no… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,701 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