Expert: MARK A. HOWELL - 8/26/2009

Question
I know you have heard a lot of questions about military discharge. So I will start with the Reenlistment question. This is a HUGE subject with maybe men and women who are trying to enlist. Psoriasis! What are the regulations with a man or women that have/has had a moderate case of Psoriasis? I have been on a lot of military question boards and have heard this question thrown around a lot. No one can really get an answer out of any recruiter. I thought I would ask a man that can answer it appropriately so I can help these people. I know it's a broad question but you can answer how ever long or short you would like.

Secondly I was discharge from Marine BCT with a RE3F in 06. I can't go on anymore in life without fulfilling my dream just because a recruiter told me to check all "yes" on a questionnaire. I know I need a waiver but I am still going to have to file a complaint to the BCNR to have my RE3F changed to an RE3A so it will be easier to get my waiver. My question is since I don't have the Navy's resources in using a free legal rep, where should I look for good legal advise or someone that can help me write up my complaint properly and actually knows his stuff?

Answer
Joe,
This is going to be a long answer.

1.  First off you're mixing the terms enlistment and reenlistment.  They're two different things with slightly different rules.  Since you mentioned a recruiter (who deals in enlistments) I'll answer based upon enlistments.  According to the medical regulations under the section entitled "Skin and Cellular Tissues" the causes for rejection for appointment, enlistment, and induction are: "Psoriasis is not a disqualification when mild by degree, and not involving nail pitting, and not interfering with wearing military equipment or clothing."

2.  A Re-Entry code of RE-3F means exactly "Erroneous enlistment."  This is not a bad thing, it simply means a mistake was made.  It doesn't even mean you made the mistake.  You might possibly be confusing it with a Separation Code of GKG, which means "Fraudulent Enlistment."  As proof that this is no big deal, if you desired you could still rejoin the Corps.  The rules say,
"Individuals with a USMC RE- Code of "3" can normally reenlist in their service or another Service, by simply requesting a waiver."  The waiver is processed by any recruiter.

You DO NOT want a Re-Entry code of RE-3A.  It means exactly, "Failure to meet area aptitude prerequisites.  Fully qualified for enlistment, provided mental criteria of table 2-1 are met. Alien."  It does not pertain to you.

What is your Separation Code (found in Block 26 of your DD214)?  That will define a lot of what you can do.  Send me a follow-up and I'll decode it for you.

Changing your discharge status is deliberately made extremely difficult and time consuming.
In short, you will generally need to submit DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States to the Department of the Navy since they "own" the Marines.

Upgrading a discharge is possible but not easy.  There are only two reasons that the Navy will upgrade your discharge; one is that it was "Improper" - meaning they made a mistake and you can prove it, and the second is that your discharge was "Inequitable"- meaning the punishment they gave you was not consistent with their policies or what they gave somebody else in the exact same situation, e.g., two of you were caught smoking pot and you were discharged while the other person only got a verbal reprimand.

It would be hard to prove otherwise at this point.  You've heard of "innocent until proven guilty"?  In this case the government is correct until proven wrong.

If you think you have a case, and are sure you wish to proceed, you can apply to the Navy Discharge Review Board (DRB) for a discharge upgrade, or a change in the discharge reason, and try to prove to the DRB that their discharge reason was or "improper" or "inequitable."

You have 15 years to apply, so you're well within the deadline.

To apply you need a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States.  That form is available online at:

http://usmilitary.about.com/gi/dynamic/offsite.htm?zi=1/XJ&sdn=usmilitary&cdn=ca...

Mail the completed form to the appropriate address on the back side of the form.  For the Navy it would be:  Naval Council of Personnel Boards, 720 Kennon Street, S.E., Rm.  309 (NDRB), Washington Navy Yard, DC 20374-5023.

If you were discharged as a result of a courts-martial, the DRB cannot change that.

If you submit your request, you can attach any supporting documentation that will help your case, such as signed statements from you and other witnesses or copies of records that support your case.  It is not enough to provide the names of witnesses.  You should contact your witnesses to get their signed statements with your request, the DRB will not contact your witnesses to obtain statements.  If you need to request quest a copy of your military records, you can get them from the National Personnel Records Center (NPRC), to include with your application by mailing a written request to:  9700 Page Boulevard, St.  Louis, Missouri 63132-5100.
Your own statement is important.  Put your statement in clear terms in section 8 of the DD Form 293.  Make sure you carefully read the instructions on the back of the form concerning issues.  Explain what happened and why they were wrong.

Normally, the best evidence is statements from persons who have direct knowledge or involvement.  For example, statements from persons in your rating chain, your supervisor, or commander, or anyone else with direct knowledge of your military service.  The DRB is not interested in your behavior or conduct AFTER you left the military.  Contain your statements to periods which were directly related to your military service.  The burden of proof is on you to establish the discharge was wrong.

Most applicants represent themselves.  If your request is complex, you may want someone to represent you:  You may hire a lawyer to represent you at your own expense, (some attorneys specialize in military discharge review processes) or consult a veteran service organization such as the American Legion, DAV, etc.   They will advise you even though you decide to represent yourself.   They have experienced staff members who will represent you in applying to the DRB, and assist you in completing the necessary paperwork.  If you name a representative, state so on item 6 if your DD Form 249, item 6.  The DRB will then deal with your representative rather than directly with you.

You may also request a personal appearance before the DRB which consists of 5 members who each cast one vote and the majority rules.  You request this by checking the appropriate box on item 4 of your DD Form 293.   If you request a hearing, the DRB will notify you as to time, date, and place (usually Washington D.C.), and travel is completely at your own expense.   If you "no-show" for a scheduled hearing, your case is closed forever.

Your hearing is not a trial.   The purpose is to determine whether your discharge was improper.   Only one of two things can happen: (1) your request can be granted or (2) your discharge can remain the same.   It can not be made worse.  You can't go to jail for contempt of court, etc.  You don't have to, but you can testify on your own behalf.  The DRB likes personal testimony because they can ask you questions instead of just reading you statement on paper.  It helps your creditability.

Remember, the DRB is limited to these two issues, propriety and equity as a basis for a change of discharge.  They can not base a change on compassion or because you have changed for the better.

The hearing will be recorded on either a cassette tape or a CD.  It provides a record of the proceedings but beyond that, it gives the DRB a chance to rehear your testimony after you have left the room and sometimes this can be very important.  No one has access to the recording except you and the DRB members.  You can get a copy by simply asking for it; no one else can get a copy without your written permission.   The reason is simply to provide a complete hearing record.

The whole hearing process usually takes about an hour, but the DRB will take whatever time is necessary to hear your case, there is no time limit.  After you are excused you may leave immediately.  The DRB will then go into deliberations and reach its decision.

You've been in the Marines so you're probably used to government paperwork being slow.  It will take about six to eight weeks for you to receive the DRB's decision.  If your discharge is changed you will receive a new discharge certificate, a new DD form 214, and the decisional document of this DRB.  If your discharge is not changed you will receive the decisional document of this DRB which will include the specific reasons your discharge was not changed and will also include any further appeal process, which is applicable to you.

In my opinion, you yourself said it was a mistake, you listened to a bad recruiter.  Plus the RE code is not a bad one.  You'll be hard-pressed tp prove the RE code for Erroneous enlistment.
If you're sure you want to go through this time-consuming, expensive process, I wish you the best of luck.  Not many people are successful.

Meanwhile, don't let it get you down.  Not many people will ask you how long you served or why you got out of the Marine Corps if you head them off in advance.  Just simply say, "I did one hitch in the Marines," or "I did my time in the Corps."  Beyond that, it's nobody's business.

Thanks for having served.  Regardless of why you got out, you'll always be a Marine!
Colonel H