Will the Naval Board of Corrections upgrade my reentry code?

Question

The DADT policy was repealed on Saturday by the Senate, so I went down to a recruiting office to get back in the Navy. The recruiter told me I could not get back in because I have an re-4 reentry code and I would have to take it to the board of Naval record corrections in D.C. I think I have good chance of getting it upgraded now because DADT is the only reason why I was discharged, and of course DADT was repealed and ruled unconstitutional by a federal judge, so I think my chances are good in my case knowing that they rarley upgrade reentry codes. Any advice people can give in my case? Please tell me what you guys think? Thanks!

Answer 1

No. It will not get upgraded. The only way it can be upgraded is if _you_ prove that yout RE code was either the result of a clerical error or given to you in violation of the regulations that existed at the time.



You were kicked out for violating DADT. Which is another way of saying that you were kicked out for violating military regulations.

Answer 2

The Federal Judge's decision was appealed already. That part doesn't matter. What matters is what happened in Congress on Saturday. It seems to me like you didn't read the whole story. Even though Congress released it it still has to go in front of President Obama's desk to be signed. While that may happen this week, that doesn't mean it will be the policy after it's signed. The military, as well as the President, have to certify that the change won't hurt the military. That could take anywhere from the same day to a whole year. After the certification is complete there's another 60 day waiting period before the new policy is officially in effect. After that is done, then you can join the military as an open homosexual. However, you would still have an RE-4, so the recruiting commands have to wait until they get official guidance from the top when (or if) they can start accepting prior service who was discharged under DADT.

Answer 3

The BCNR is the only authority that can change your Reentry Code (assuming you were USN or USMC). I've never heard of anyone getting it changed. That's not to say it's impossible, but not likely. Without knowing the facts of your situation it's hard to say what could happen, but if you feel this was done in error (there's no such thing as upgrading an RE code), you can petition the BCNR. It's merely filling out a DD149 (there's a link to that form on the 1st website below), submitting it to the Board, along with any supporting documentation relevant at the time of your discharge and waiting for the results, usually 3-6 months. You also have the right to appear in person, with an attorney if you desire, to explain your case. Just to clear up some confusion on your part, the BCNR isn't interested in or take into consideration what you've done since you were discharged. They review only the facts & circumstances of your RE code at the time of your discharge. This is why it's nearly never changed. For example, JKN is used for misconduct, minor disciplinary infractions. If you were guilty of misconduct/infractions and discharged for misconduct/infractions either by CO's Mast or Court Martial then JKN was the appropriate RE code on your DD 214. The BCNR was established, "to provide a method for correction of errors or removal of injustices from current and former Navy and Marine Corps member’s records without the necessity for private legislation." If nothing was done in error or if your case wasn't mishandled, then there's no need to submit a petition. The 2nd website below will explain the step-by-step procedure of submitting a petition. Again, it's rare for RE/separation codes to be changed, so I would caution against being too optimistic about it happening. Edit: Ok, I'm all jacked up. I assumed your were Navy or Marine Corps and thought you meant BCNR. Maybe some Air Force folks can give you advice, but after looking at the BCMR website, the requirements are similar, eg. submitting a DD 149 and any supporting documentation. After reading the infractions you were written up for, a discharge seems somewhat harsh. To be fair though, we only know your side of the story, not to imply you're lying, but we all have our own versions of the facts. I did read that you should submit a petition within 3 years, so you should get it started ASAP.

Answer 4

At the time of your discharge DADT was in effect and you were given the correct discharge.

I seriously doubt the BCNR will blanket change and upgrade discharges, nor will they be grandfathered.



You can always appeal to BCNR for an upgrade, but then your prior service now and guess what ? They are not accepting prior service now due to the huge amounts of first term applicants which is the prime market.



I could and did tolerate DADT. But this policy allowing openly gay people to serve ? If I was not already retired, my paperwork would be on my CO's desk already.



YOU ASKED, I TOLD .rofl

Answer 5

The only way you can find out is to file an appeal with the BCNR.



I'm not aware of any provision in the law that was passed that automatically wipes your record clean or upgrades your discharge. Perhaps you can call your Congressman or Senator to find out how, or if, that is handled by the law.

Answer 6

I read yesterday, that it will take up to a year for this to really mean something. I understand what they guy above meant by retroactive but I believe that prior discharges will be reviewed. Check the Service members Legal Defense website: http://www.sldn.org/



Good luck and please remember that your first duty is to your country. If you are given the opportunity to rejoin, do not make this a political nightmare, join because you really want to serve.

Answer 7

What youDA DTnk doesn;t matter. Unless DADT is repealed retroactibvely, you stilUSNre RE4.

Answer 8

no it will NOT be corrected. as of the date you were discharged it was correctly assigned due to current law. there is no grandfather clause.