Expert: Rod Powers - 4/27/2007

Question
QUESTION: Hi, My son was discharged under els chap 11 with a  re-code 3 JGA, He was hurt during basic and could not get a rte until the six week and they said it was to late. when I called down there they said he did not want the discharge and would only have to wait six months, but everywhere iI have read it says 2 years. my question is can the 2 year wait be waived or could he go into the national guard now?

thank you
Penny
ANSWER: H Penny,

There are different waiting periods, depending on (1) the exact reason for discharge, and (2) the service he is trying to join.

For the most up-to-date answer, he needs to contact a recrtuiter for the service he wishes to join (Army National Guard? Air National Guard?....you didnt' say...nor did you say which service he was discharged from?????).

In general terms (I can't be more specific, because you didn't list the service he was discharged from, or which National Guard Service he was most interested in joining), an RE Code of "3" *usually* means one can rejoin, *if* they can show evidence that the original reason for discharge no longer applies. Sometimes, (depending on the service he is applying to join), there is a waiting period, usually between six months and two years.

Hope this helps!

Rod Powers
http://usmilitary.about.com


---------- FOLLOW-UP ----------

QUESTION: He was dishcarged from the Army. His Sergeant told me when he finally could get relased back to training it was to late they were six weeks in to training. If you could let me know the waiting period on both Air and Army National Gurard I would appreciate it.

Thank you.
Penny
ANSWER: Hi Penny,

Something is not right here. Generally, when one is delayed in basic training due to a temporary medical reason, when that reason is resolved, the are "re-inserted" into training in a different unit, which is in the same (approximate) day of training that the person was in when they were removed due to the medical reason.

Possibly something your Son hasn't told you? What is the actual "Reason for Discharge" entered on Block 28 of the DD Form 214?



---------- FOLLOW-UP ----------

QUESTION: thank you for responding to my questions. I think it said uncharacterized.
ANSWER: Hi Penny,

"Uncharacterized" would be the characterization for discharge. What was the actual "reason" for discharge? (It'll be listed on the DD Form 2q(Broken foot, suicide attempt, failing PT standards, asthma attack, depression, suicidal statements, etc.?) It will be listed on his DD Form 214 (Record of Military Service).

Rod Powers
http://usmilitary.about.com


---------- FOLLOW-UP ----------

QUESTION: it says entry level performance conduct.

thank you
ANSWER: Hi Penny,

I don't think your Son told you the entire truth, about his discharge (not to worry, most people don't).

"Entry Level Performance and Conduct" is not a medical discharge. It means his commanding officer decided that he had the ability to pass the requirements, but failed to do so. Whether you (or your Son) agrees with this nor not, is not material, it's the commanding officer's judgement. In such cases, medical reasons are not normally a factor. If your son thought they were a factor, he would have had the opportunity to contest the discharge reason, with the assistance of an assigned military attorney (see my article about administrative discharges, at: http://usmilitary.about.com/od/justicelawlegislation/l/aadischarge1.htm.

In any event, with an RE Code of "3," and a "Reason for Discharge of "Entry Level Performance and Conduct," he will have to wait at least two years before trying to re-enlist in the Army, Army Reserves, or Army National Guard.

In order to get a waiver approved, he is going to have to convince the Recruiting Battalion Commander that the original reason for discharge no longer applies. That means he's going to have to be "honest," about the discharge, as teh RBC will have access to the original discharge package, including specific discharge reason recommendations from the original commander.

Hope this helps!

Rod Powers
http://usmilitary.about.com


---------- FOLLOW-UP ----------

QUESTION: i spoke to my son and he said what happened was that he decided that he didn't want infantry and asked to be reclassed, but they said no then once the paper work started they said yes, but then said it was to late because the paper work already started. Now when i talked to the sergeant down there he said he did not want the discharge.  does he have any recourse?

Answer
Hi,

He can contest the discharge. As part of the discharge process he will be given an appointment with legal counsel. If he wishes to contest the discharge, action, the lawyer can instruct him how to do so.

Details are in my article at: http://usmilitary.about.com/od/justicelawlegislation/l/aadischarge1.htm.

Hope this helps!

Rod Powers
http://usmilitary.about.com