Expert: Cynthia Bedell - 12/1/2007

Question
In 2004 I received a general discharge under honorable conditions with a RE code 3, under misconduct conditions for testing positive for drugs.  I was an excellent soldier who was never in trouble and was even proudly picked to serve on burial detail.  I served for three years active duty and I received letters from my Sgt Major, 1SGT, Platoon SGT, right down to my fellow solders to remain on duty.  I know I was set up but I could not prove it and my rank was reduced from E4 to E2 with 45 days extra duty and then discharged.  I would strongly like to reenlist, so I took the steps to have my discharged upgraded to an honorable and it has been but I still have a RE code of 3 but I don't know if I would be able to go back in active duty with the Army.  Please let me know what type of waiver do I apply for now and also I have been working for over a year with Homeland Security so I would like to know if that too would benefit me.  Please guide me in the right direction because I am ready to get back to what I know and love and that is serving my country in the U.S. Army.  Thank you

Answer
Dear Ijlal --

I recommend you see a recruiter.  There is a strong possibility you qualify for a morality waiver and could re-enlist.  You will probably have to re-enlist as a private, but you should not have to attend basic training.  You would probably have to attend AIT.

You will need letters of recommendation from people that know you now and believe you are a moral person.  You should also have a lawyer help you draft a statement about what you think happened that got you charged with a drug offense, and unable to help yourself at that time.  

A lawyer might also take your case to the board of military corrections and try to get your entire drug case dropped from the records, if you truly were set-up.  However, after three years that may be very difficult to prove.

Please write back, if you have additional questions or are having difficulties talking to recruiters.  Good luck to you.