Expert: MARK A. HOWELL - 9/13/2011

Question
I served 13yrs in the Marines from 1984-1997 and always had excellent reviews. In 1993 after we came back from the Gulf War I started drinking,never on Duty but after yes. I was stopped coming on Post 1 nite, did the Sobriety test,passed but they said he could smell the alcohol. My test came back .2? way to much. I didn't know how bad I was until then, I only knew it helped me relax,sleep and keep my daily sanity. I immediately went to the BN. Alcohol councilor for some help. it took a month to a month and ahalf to get back to me and in that time I got a DUI in town. I received BN. NJP suspended bust and a must to complete my counseling,which I did. 3 years later with nothing but excellent reviews I was approved for re enlistment from the Division CG. Since my EAS was so close I was sent back to conus to await orders from CMC. After Months and a request mast to the Commanding Office I found out this C.O denied my Re enlistment based on a Navy Marine order that anyone with 1 or more alcohol related incidents can be denied. Mind you I was approved by my last Command. This new C.O would not even see me,the X.O told me that He said "I am in his Command Now and He makes the Calls" and so here I am a civilian. What kills me is the RE code I can't even get into the Guard. Can I get the RE code changed? should I even have been Discharged. Thank you

Answer
Lee,
Sorry you got caught up in that, but yes, it's within the new commander's right to do so.  He doesn't have to, but for whatever reason he did.  He probably just didn't want to put up with you, despite your good record.
What was your "Separation Code"?  It is a numerical or alphabetic code which defines the reason your discharge was granted. While the primary factor on whether or not you can reenlist lies with the RE Code, the Services also use the Separation Codes to determine whether or not you are eligible.  Your Separation Code and RE Code can be found at the bottom of the DD Form 214, Record of Discharge.
Yes, there is a procedure in place to appeal your RE code, but it's very hard to do so.  It's deliberately designed to be difficult.  You must convince the government they were wrong, and they don't like to be proven wrong.  It's very expensive #out of your own pocket#, very time consuming, and definitely not easy.   Personally, I've never seen or heard of anyone winning an appeal.
Colonel H