Expert: MARK A. HOWELL - 9/21/2010

Question
My husband is in AIT (army). He has already finished class. He is currently a hold over, has been for two months. (PT FAILURE) He missed his mile by 20 seconds. He has been having knee pain. So, he has been going to Physical Therapy and such. (He has Tendinitis) He has not been responding to treatments. There is nothing they can do for his problem, besides rest. He doesn't get the rest he needs there. My question is, he was offered a Chapter 11 discharge. So, apparently he is able to re-enlist? How long before he can re-enlist again? Is it possible for him to switch branches? He is Army now and would like to go Air Force, now that he knows he can. We thought he wasn't able to because he has tattoos on his arms. I know there are different RE's that he gets with a discharge. He hasn't said he is going to do it yet. We want to make sure it is possible for him to get back in. Thank you

Answer
Tineshia
I'm sorry to hear he's having medical problems and that the therapy isn't working.  Standard treatment of tendinitis is usually by non-steroidal anti-inflammatory drugs combined with physical therapy, and lots of rest.  His doctor should have ordered complete rest and put him on Limited Duty orders.  That's the only way to get supervisors to leave him alone.

A Chapter 11 discharge refers to Chapter 11 of Army Regulation 635-200 "Active Duty Enlisted Administrative Separations," Chapter 11, which covers "Entry Level Performance and Conduct."

In short, it means that the Army tried him out, and he failed to meet Army standards during his first 6 months of military service. In other words, it's the Army's way of saying, "We gave you a chance, and you didn't meet our standards. Sorry, but we can't use you."

It's possible that he could try enlisting again, there are no guarantees.  Lots will depend on what type of Re-Entry code he receives on his discharge paperwork.  If he receives an RE-1 he may reenlist in the Army or another Service with no problem. If he receives an RE-2 he may reenlist in the Army or another Service with various restrictions, or if the circumstances which resulted in the code no longer apply. If he receives an RE-3 he can reenlist in the Army or another Service, but will probably require a waiver to be processed. If he receives an RE-4 he will neither be eligible to reenlist in the Army, nor join another Service.  So he needs to make sure he understands what code he'll be given and why.

As a minimum, in order to get a waiver approved, he's going to have to convince the Army that circumstances have changed, and that the original reason for discharge is no longer applicable.

The minimum waiting period contained in Army Regulation 601-210 (The Army Recruiting Regulation) requires a minimum waiting period of 24 months, before a waiver request can be submitted.

Let's look on the bright side and assume he'll get well and won't need a discharge.

Colonel H