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I'm trying to reenlist but my recruiter claims there's no…

Customer Question
I'm trying to reenlist...

I'm trying to reenlist but my recruiter claims there's no possible way for me to overcome an RE 4 code

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 haven't.

Submitted: 7 months ago.Category: Military Law
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Answered in 7 hours by:
12/16/2017
Military Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,923
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for your post, however, in order to assist you I will need more information. Can you please tell me what your separation code (3 letters) and narrative reason for discharge is on your DD-214? Also, what year were you discharged and what was the characterization of your discharge? Finally, do you believe there was an error in the RE code or discharge reason?

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Customer reply replied 7 months ago
Jkk, general under honorable conditions, 2016. I think there's an error because I had no pattern of misconduct up until that point. I understand smoking marijuana is illegal and that I made a mistake. I was even told that I would be eligible to reenlist after 2 years and now my recruiter is making it sound impossible
Military Lawyer: Marsha411JD, Lawyer replied 7 months ago

Hello again and thank you for your response. I'm not sure where the pattern of misconduct falls into the picture as the separation code is just for "drug use" and there is no requirement that there be a "pattern" with drug use as it is considered a "serious" offense and qualifies for involuntary separation with an Other than Honorable discharge (which you were lucky to obtain a General discharge for) and an RE-4 code. Also, not sure who told you that you could reenlist after two years, but there are quite a few urban legends that float around and are passed down. That is one of them and an automatic upgrade is another one. They are just not true.

If you had reliable provable evidence that you did not use marijuana, then you could file a petition with the Discharge Review Board for your Service and ask them for a change in the reason for your discharge, the separation code and the RE code. But, short of that, you will not receive a waiver to get back into the military with a drug use separation.

Please feel free to ask for clarification or a follow up question if you have one. If none, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Military Lawyer: Marsha411JD, Lawyer replied 7 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 16th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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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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