Legal Question in Military Law in Indiana

General Discharge w/RE-4 code

I was discharged 10 months ag from the Navy for drug use (marijuana) that I didn't commit. I took a polygraph (passed), hair follicle test (passed), and the urinalysis coordinators admitted to not following required procedures, but still I was administratively discharged. What must I do in order to revoke the discharge? Should I work on upgrading the discharge conditions first, or deal with all the issues at once? I reall feel that I have been robbed of my career, while at the same time, limited in my civilian options for something I did not do...


Asked on 12/29/07, 1:10 pm

2 Answers from Attorneys
John K. Harris Attorney at Law

Re: General Discharge w/RE-4 code

You can apply to the appropriate discharge review board to have your characterization of service and RE Code upgraded. Feel free to contact me if you need help.

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Answered on 12/31/07, 4:09 pm
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: General Discharge w/RE-4 code

You have two related issues. The first is the character of your discharge which I am presuming is a General Discharge because if you received an Other Than Honorable Condidtions [OTHC] discharge, they would have had to have taken you to a formal "Discharge Board." The second issue is whether or not you were liable to be discharged in the first place for "drug abuse."

You do not mention whether or not you had a JAG Defense Counsel or not to represent you. If you did, hopefully he or she has copies of the polygraph report, hair follicle analysis and statements from the urinalysis coordinators.

Ultimately, you are going to have to go to the Navy Board for Correction of Military Records to challenge your discharge and get that off of your record.

This forum is not secure as it is open to the public, but if you would like to discuss this in more detail, please email me privately at [email protected] and also give me a telephone number and I will call you on Monday.

Good luck,

Don Rehkopf

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Answered on 12/29/07, 4:24 pm


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