Expert: Jason Grabill - 9/13/2011

Question
Good Afternoon,

    I joined the USMC twice since 2002.  The 1st time I was discharged with a RE-Code of 3F. That discharge was waived and I was able to re-enlist with the USMC. It ultimately ended up in a medical discharge with a RE-Code of 3P. The case that was stated was childhood history of asthma which I've explained to recruiters that I honestly never had (never once used in inhaler).  After explaining my situation to them, every last recruiter I've spoken to believed that I had a shot to get back in with waivers and finally receive the EGA.  I've taken several PFT's (Pulmonary Function Test) which strongly disproves that I have asthma. Unsuccessfully, I have made efforts to re-enter the USMC two times.  I've even tried to enter the Army and finish a contract in order to potentially enter the USMC as prior service military personnel. I am physically fit and can do a 240-250 USMC PFT.  I have it in mind to appeal my RE-Code and attempt to upgrade my discharge status with the NRB.

    I am willing to do whatever it takes to make it happen because becoming a US Marines is one of those things that is on my bucket list.  I am currently 27 years old and U believe the cut off for joining the Corps is 28 years old. Therefore, it is understand that time is limited and joining another branch without being a US Marine wouldn't feel right in my soul.  My questions are: what steps should i take to get back in the Corps?  Should i appeal my RE-Code with the Navel Review Board?  If so, should I get a lawyer to go to DC?

    I would like to thank for your time and consideration.

Answer
Delta Mike:

 The problem with the asthma thing is this, IF you were diagnosed, then according to your medical records...you had it.  

 If the discharge for 3P was related to asthma, then the Marine Corps won't even listen to your appeal.   You have to have been given the 3P 'in error'.  Administratively, or otherwise.  I do know of several folks who had those overturned because of that reason.  IF you can prove that, then you have a shot at it.  However, the process takes time, which you at this point do not appear to have.  

 The facts will have to bear out the appeal, that the code you were given was issued 'in error' and NOT for factual reasons.  (Such as medical etc).  Otherwise it's quite a bit of money down the drain for what will likely be the same result.  Nowadays, with the military cutting back on it's manpower, waivers for just about anything are extremely difficult to obtain, and any sort of breathing issue is pretty much going to DQ you no matter what.   Sux but that's the way it is.

By all means keep me updated