Ask the Lawyer: Getting back in: How to ask for a re-enlistment code change - Military Law, Military Law Advice, Ask a Lawyer - Military Times

Ask the Lawyer: Getting back in: How to ask for a re-enlistment code change

Lawyer Mathew B. Tully answers your questions.

Q. I screwed up a few years back and was discharged from the military with a re-enlistment eligibility code 4. My life is back on track and I want to serve my country. Is it possible to change my RE code and re-enlist?

Yes, it is possible.

There are a few ways to go about this. The first is to seek an RE code change during a discharge upgrade. To apply, you must submit DD Form 293 to your service branch, along with the necessary documents, and possibly attend a hearing before the Discharge Review Board.

The DRB does not directly consider requests to change an RE code, but if a discharge upgrade is granted, the DRB will typically change your RE code to correspond with your upgraded discharge reason.

Generally, anyone with a 1 RE is immediately eligible for re-enlistment, and those with a 3 RE can re-enlist if they secure a waiver and show the discharge reason is no longer valid. Anyone with a 2 or 4 RE is typically not allowed to re-enlist.

To request a change to your RE code, you must apply to the Board of Correction for Military Records of your service branch, except for the Army (apply to Human Resources Command) and Coast Guard (apply to the Department of Homeland Security). Technically, you are seeking a correction based on an error or injustice rather than a change.

The process begins when you submit DD Form 149 along with statements and records to support your case. Character references are especially helpful if you are requesting a correction based on changes you’ve made to your life after leaving the military.

You can also request a personal appearance before the board to make your case, though these are not always granted.

Once this is complete, the board will seek an advisory opinion from other offices within your service branch and allow you to respond if the advisory opinion determines that your correction should be denied. Then, the board makes its decision.

Anyone who wishes to re-enlist in a different service branch must request a correction of records through his original service branch. The board of one service branch is not permitted to change an RE code determined by another service branch.

The ability to get a second chance in life is one of the things that makes our country great. If you’d like to apply for a discharge upgrade or a direct correction of your RE code, consult an attorney familiar with military justice to review your options and help you prepare a case.

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Mathew B. Tully is an Iraq war veteran and founding partner of the law firm Tully Rinckey PLLC. E-mail him. The information in this column is not intended as legal advice.