Expert: Aaron Shifferly - 5/30/2009

Question
QUESTION: Sir, my name is Ken Rathburn and I need some advise on an issue I have.  Basically I was in the wrong place at the wrong time when I was stationed in Okinawa Japan in the U.S. Marine Corps.  To make a long story short, I wouldn't open my mouth and tell on one of my buddies and I got the blame.  I was reduced in rank.  I spent 3 years after that as a model Marine.  Great PFT scores, nothing but praise from individuals in my chain of command.  When I was discharged from the Marines in 1998, I exited with an Honorable discharge.  HOWEVER, and I didn't know this until recently when I tried to go into the Navy Reserves, I have an RE code of 4.  I filled out the DD form 149 but I have not sent it yet.  Is this the best course of action for me to get my RE4 code changed or should I be doing something else????  ANYTHING you can tell me would be of a great help and appreciation.  Currently I am in law enforcement, I tell you that only to stress the fact that I am a good person.  I have no criminal record do drugs or ANY of that kinds of stuff.  I love my country, I am a patriot and I just want to again serve my county.

Thanks,
Ken Rathburn

ANSWER: You have the right to request the reasoning behind your RE code and see all documents that show why you were given that particular code. You can then appeal that, and if you think you were unfairly treated, you should appeal it.  Try to get as many good recommendations from old leaders (CO, XO, whomever is still around and remember you) and send forward an appeals packet. See what they say. With that plus your current exemplary record I can't see why they would turn you down.

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QUESTION: Sir, as a follow-up, I'm aware of the incident in question.  It happened in 1995 and I honestly haven't spoken to anyone from my unit.  That said, should I just submit my argument and plea for an upgrade along with my current status to the review board and go from there?  Is there anything that you know of that the recruiter might be able to do (I didn't ask him that question)

Thanks again,
Ken R

ANSWER: Sorry. I should have made myself clearer.. The reason for requesting their version is to make sure they have it correct, and also not to admit to anything that they dont remember you did.  I have seen it time and time again where personnel had some negative mark in their records and they write an appeal and spill their guts about how what they did was so bad and then their appeal brings to light more incidents that weren't even under consideration.  Let the Marine Corps do its job and tell you why you're an RE Code 4 first. Then appeal based on what their information is.  Then you can argue with the review board for an upgrade.  Recruiters probably can't help you with this.  This is a fight you get to take on if you want to get back in.

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

QUESTION: You have been awesome and VERY helpful.  One last question.  If the DD form 149 is submitted for the purpose of review/upgrade, what form is submitted to get the Military's version of the events?

Thanks,
Ken R.

Answer
I'm not sure there is a form, but you should call the VA and ask them. Worse comes to worse, write a formal letter.. Try your service's human resource command's website.. I'm not sure what is, but they should be able to point you in the right direction.