Rejoining the military after being discharged can be a complex process, dependent on various factors such as the type of discharge you received, the reason for your discharge, your reenlistment eligibility code (RE code), and the current needs of the military. Whether you’re considering reenlistment for camaraderie, financial benefits, or other reasons, understanding these factors is crucial to navigating the reenlistment process successfully.
The Role of Discharge Type on Potential Reenlistment
The type of discharge you received, documented on your DD Form 214, significantly impacts your ability to reenlist. Here are the main types of discharges and their implications:
– Honorable Discharge: This is the highest discharge status, indicating that the service member met or exceeded the required standards. Individuals with an honorable discharge are typically eligible for reenlistment without significant hurdles.
– General Discharge Under Honorable Conditions: This discharge is given when a service member’s performance was satisfactory but did not meet all expectations. While most veteran benefits remain accessible, reenlistment may pose challenges, and a waiver might be required.
– Other Than Honorable (OTH) Discharge: This is an administrative discharge given for significant misconduct or departure from expected behavior. It severely limits access to veteran benefits and makes reenlistment very difficult.
– Bad Conduct Discharge (BCD): Issued after a court-martial for serious misconduct, a BCD results in the loss of most veteran benefits and generally precludes reenlistment.
– Dishonorable Discharge: The most severe form of discharge, given only by a general court-martial for egregious offenses. This discharge permanently revokes all military benefits and bars the individual from reenlisting.
Understanding Reenlistment Codes
Your reenlistment eligibility code, also found on your DD Form 214, indicates whether you can reenlist. Here are the main RE codes and their meanings:
– RE-1: Generally eligible for reenlistment across all branches.
– RE-2: May require specific qualifications or a waiver, such as passing the Armed Services Vocational Aptitude Battery (ASVAB) again or meeting certain physical standards.
– RE-3: Ineligible for reenlistment unless a waiver is granted. This code often requires a thorough review and justification for reenlistment.
– RE-4 and RE-4R (Retired): Typically ineligible for reenlistment, though exceptions might exist under special circumstances.
Different branches have unique protocols regarding these codes. For example, in the Army, a RE-3 code necessitates a waiver, while in the Navy and Coast Guard, certain RE-3 codes may require a waiver or signify ineligibility. The Air Force and Marine Corps also have their specific guidelines, making it essential to understand the requirements of the branch you wish to rejoin.
When Reenlistment Becomes Controversial
There have been instances where Soldiers have been allowed to rejoin the service despite being separated for adverse reasons. This has raised concerns about public safety and the integrity of the military reenlistment process. Some Soldiers, once reintegrated into civilian life without court-martial convictions, have been able to purchase weapons, assume positions of trust, or reenter military or government service. This situation underscores the importance of thorough background checks and proper handling of reenlistment applications to ensure that only qualified individuals are allowed to reenlist.
Despite these concerns, the Army has, in some cases, allowed Soldiers to rejoin even after being separated for significant infractions. This practice can lead to potentially dangerous individuals being reintegrated into the military or civilian sectors without appropriate oversight. For example, as of January 2019, a significant number of Soldiers with adverse separations were still serving, highlighting gaps in the reenlistment screening process.
The Importance of Legal Assistance
Reenlisting in the military after discharge, especially with a less-than-honorable discharge or challenging RE code, often requires navigating complex regulations and obtaining necessary waivers. Legal assistance can be invaluable in this process. An experienced military defense attorney can help you understand your eligibility, prepare a strong case for reenlistment, and guide you through the waiver application process.
At Bilecki Law Group, we specialize in military law and understand the intricacies of military discharges and their impact on reenlistment. We strive to help our clients understand their options and navigate the legal processes required for reenlistment. Whether you’re considering reenlistment or facing other military-related legal issues, we are here to assist you.
Steps to Take for Reenlistment
1. Determine Your Discharge Status: Review your DD Form 214 to understand your discharge type and RE code.
2. Consult with a Recruiter: Speak with a recruiter to clarify your reenlistment eligibility based on your discharge and RE code. Different branches may have varying requirements and processes.
3. Apply for Necessary Waivers: If your RE code indicates ineligibility, work with a recruiter to apply for the necessary waivers. This process can be lengthy and require substantial documentation.
4. Prepare Supporting Documents: Gather all relevant documents, including your DD Form 214, any medical records, and letters of recommendation from credible sources such as former commanders or community leaders.
5. Attend Required Training: Depending on the branch and your prior service, you may need to complete basic training or a transition/familiarization course. Each branch has specific guidelines for prior service members.
Navigating the Waiver Process
Securing a waiver requires demonstrating that you’ve overcome the character flaws associated with the crime that may otherwise disqualify you from joining the service. Here’s what the waiver application process entails:
– Prepare a Self-Signed Memorandum: Summarize your appeal for waiver consideration in a clear and concise manner.
– Gather Supporting Documents: Include police records, court documents, and any other relevant files that detail your offense and reflect your personal growth since it occurred.
– Provide a Detailed Affidavit: If supporting documents are unobtainable, explain the events, punishment, and your unsuccessful attempts to obtain the documents.
– Supply Letters of Recommendation Obtain letters from credible community members, such as law enforcement officers, school administrators, or clergy, who can speak to your good moral character.
– General Officer Endorsement: If applicable, a General Officer level endorsement may bolster your waiver application.
Factors Influencing Waiver Approval
Your waiver application undergoes a meticulous review to determine whether you’ve overcome the disqualifying factors. Your approval is based on numerous elements, including the extent of your criminal activity. The number and severity of crimes significantly influence the waiver approval process. Multiple offenses, even if they are misdemeanors, may negatively affect your chances. In general, juvenile offenses are viewed less harshly than adult crimes. However, the crime’s severity and other circumstances also come into play. Your ability to readjust to civilian life post-offense is a testament to your growth and rehabilitation, which can sway the decision in your favor. If the Department of Defense is struggling to recruit applicants, your waiver is more likely to be approved.
Conclusion
Rejoining the military after being discharged involves understanding the type of discharge you received, your RE code, and the specific requirements of the branch you wish to rejoin. While an honorable discharge generally facilitates reenlistment, other types of discharges and RE codes can present significant challenges. Legal assistance can be crucial in navigating these complexities, especially when waivers are required.
At Bilecki Law Group we are dedicated to helping former service members understand their options and navigate the reenlistment process. With our extensive experience in military law, we provide expert guidance and support to help you achieve your goals. Contact us today to discuss your case and explore your options for reenlisting in the military.
This blog post provides a comprehensive overview of the factors influencing reenlistment eligibility after discharge, the importance of understanding reenlistment codes, and the role of legal assistance in navigating this complex process. For more information or to schedule a consultation, reach out to Bilecki Law Group.
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