Expert: MARK A. HOWELL - 12/30/2009

Question
Dear Eric Ernist,
  
  My name is Thomas and I write to you in hopes that you may aid me in my current situation. My situation entails that I was erroneously separated from the US Navy (11/05/2009) with a re-entry code of RE-4 and a separation code of JFU. This RE-4 code keeps me from re-joining the Navy or any other branch of military service. This is a problem because I want to serve my country and make the military a good fundamental base for me to start a family.
  I am 21 years old and I believe that the military would be a great start for my life. Young men like myself need guidance and discipline, and what better place for these qualities to be acquired than in service of one's country. The military is well known for taking young men and turning them into disciplined individuals that are determined to accomplish goals that seem out of reach to most. I want the feeling of accomplishment for completing training; I want the honor and pride you get for protecting your country.
  I feel that my separation was falsely accused, but with the evidence against me, I have little to fight back with. I was erroneously discharged for a positive urinalysis for THC of 19 nanograms/milliliter; the Navy's cut off is 15 ng/ml because this is the point the Navy has determined to be passive inhalation. I knew that it was not possible for me to have any more THC in my system than that of passive inhalation, so I respectfully requested another test but was refused. While I was in separations I tried fighting my case so that I could continue my service. Unfortunately, my case was denied and I was not given my chance to speak with the Captain in regards to my case.
  I understand that it is only fault of my own for allowing myself to be in my current situation. I am very disappointed in myself and everything that has occurred. To make all of this worse, I was given this RE-4 so that I may never have the chance to correct my circumstances. I want nothing more than to serve my country and show how thankful I am for the freedoms we have today. I will continue to fight for what I want and what I believe is right. I do not believe that my separation is deserving of this RE-4. I am more than physically and mentally ready for military service.
  I respectfully request any assistance you could offer me in my mission to return to military service. I hope from my letter you can attest to my good character and my conviction to re-join military service. I only wish to do my part in protecting my country and those I love. Thank you for taking your time to read my letter.


Respectfully,
         Thomas

Answer
Thomas,
Eric felt this question was outside his realm of expertise so it was forwarded to me.
Nice letter.  You're very eloquent.  It's too bad you weren't able to speak to your Captain, I'm sure you could have won him over with your words.  However, he took the easy way out and made his decision based upon words on paper so he wouldn't have to face you.  Any GOOD commander will always hear what the accused has to say.  Unfortunately the damage is done and now you'd like to reverse it if at all possible.  It is possible, but so is winning the lottery.  I just want you to know your odds going in before you spend a lot of time and money in your fight.  Personally, I've never seen seen or heard of anyone being successful, but I don't know any LOTTO winners either.  Maybe you'll be my first.

The appellate system is purposely designed to be difficult.

To explain the process in this reply would be too lengthy.  Instead, I'm going to refer you to two websites which explain the process very well.  Go to:
http://usmilitary.about.com/cs/airforcebase/a/chgrecords.htm     and also

http://www.military.com/benefits/legal-matters/appeals-process/appeals-process-o...

After consulting these you still have questions, please let me know.
I wish you well and thanks for having served.
Colonel Howell