Legal Question in Military Law in Washington

Military Discharge

I was wondering if you could give me some advice. Back in 2004 I was discharged from the Navy under honorable conditions with an RE-4 reenlistment code. The narrative for the discharge was JDA - Fraudulent Enlistment into Military Service. The story started in 2002 when I went into the recruiters office. I started filling out the paperwork on my financial sheet, and when it came to my debts I filled them out honestly. My recruiter AM1 Barnett took the paper from me and told me to fill it out like I had no debt. Now, being the young impressionable kid that I was, I did not stick to my guns and filled out the paperwork as he requested. Two years later I find myself being outprocessed for something that I was instructed to do by an E-6 in the United States Navy. The funny thing is at the time my command was going to waive my adverce financial information because of my performance marks. I was never below a 3.83 on my evaluations and was the ALPO for the line division as an E-2. I also have a letter of commendation from a Captain. I have been doing a lot of reading on RE-4 codes and have never found a success story about one that has been reversed. Can you help me?


Asked on 6/18/09, 3:54 pm

1 Answer from Attorneys
James Matthew Branum James M. Branum, Attorney at Law

Re: Military Discharge

I don't recommend reenlisting. I have had clients who were prior service Sailors & Airmen who did not like the Army when they reenlisted in that branch.

That said, if you want to reenlist talk to the Army recruiter. He or she may be able to get a waiver of the bad RE code. These days it seems like the Army will take almost anybody, even folks who would be rejected by other branches.

Also if it is helpful to you, I would be glad to give you a free consultation to discuss the details of your enlistment contract. When you talk to the Army recruiter, tell him you want to show the contract to an attorney before you sign it. You can then fax it to me and I'll explain in detail what you are agreeing to. Most people sign without really knowing what they are agreeing to. Don't be one of those folks.

Good luck,

James

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Answered on 6/19/09, 2:16 am


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