Expert: Jason Grabill - 11/6/2008

Question
QUESTION: I joined the Marine Corps August 16, 2004. I finished basic training and went on to SOI, before training started they let us go home for christmas and we were supposed to return January 2, 2005. I did not return until the following year, February 07,2006. I was given an other then honorable discharge an RE-4 and separation code HKD1. My question is, on my discharge papers is says i was a basic infantry man for 2 months and a barrack and grounds marine for 1 month. I heard that when you first join the military there is a 120 day grace period of some sort to where if something was to go wrong they could not give you a dishonorable discharge, I am not sure if this is true or not, but if it is true does that mean they can't give me an RE-4 either? I'm not sure if you know the answer to this question or not but i thought i would ask. Thank you for your time.

ANSWER: Charles:

 Since you deserted the service, nothing in the contract applies as far as any 'grace period'.  There is no such thing, anyway, except when it comes to Recruits, and military members still in 'training' type status, which when you became a deserter, elminated that provision.  Had you returned in under 30 days, it might have been applicable.  In that case you would have perhaps gotten a "Convienence of the Gov't" discharge, but it's unlikely.  Those are usually issued for people with personality and 'inability to adapt' issues, not people who go UA and then desert.

 Be happy that all you have is an "Other than honorable" wartime desertion discharge with an RE-4 code.  You could have gotten a DIShonorable 'felony' discharge.  

 In a few years, if you've lead an exemplary life, and have a large number of community leaders who will vouch for your good citizenship, character, and remorse, you might apply to have this discharge upgraded to something better.  

Jason

---------- FOLLOW-UP ----------

QUESTION: Thank you for the answer, I have another question that I am not sure if you will be able to answer or not. I hear the Army takes people with RE-4's, if i was to join the Army would they upgrade my discharge when I was to leave there? That way I can then re-enlist into the Marines?

Answer
Charles:

 They do, but not typically this type of discharge.  However, it certainly wouldn't hurt to check with a recruiter, but I wouldn't get my hopes up at this point;  the RE-4 isn't the biggest issue, it's the OTH.  That's going to pretty much keep you out of any branch of the military.  Again, though, the army recruiter would be the 'final answer' to this.  Anything is possible and worth a shot.  The worst they can say is 'no'.  Best of luck.

Jason