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  #1  
Old 07-18-2005, 01:23 PM
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Join Date: Jul 2005
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Question

Chapter 10. under other than honarable conditions


What is the name of your state?What is the name of your state? NC

I was chaptered out the military under a chapter 10. under other than honarable conditions. the reason why I was chaptered was because I went AWOL. I would like to know how hard would it be for me to upgrade my discharge to an honarable discharge? and what do I have to do? Please help me in this matter. I regret going AWOL and would like to serve my country again.

PS I also have a reentry code 4 on my DD 214 what does that mean?

Last edited by littlem197; 07-18-2005 at 01:39 PM.
  #2  
Old 07-18-2005, 02:54 PM
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Posts: 19

man man man


geez nobody even reads these topics...

ok hero, here goes. I got the same thing you did.


I would like to know how hard would it be for me to upgrade my discharge to an honarable discharge?
okay here goes, the ADRB will change discharges based on Propriety and Equity. Propriety is another term for correctness, i.e. did the MILITARY follow the proper procedures when handling your case. Equity is an educated term for "fairness," i.e. was the punishment FAIR compared to the crime. So let me break it down for you. YOU admited you were guilty of one of more offenses charged against you. You knew full well the discharges you could recieve. And you were advised of the effects of each possible discharge. So the ADRB views it like this: You said you were guilty, you knew the possiblities, you aggreed to those terms. So YES it is fair. it is EQUITABLE
Propriety is the only possible way to really get a "standard" chpt 10 changed. By means of if the army didn't follow the proper steps from notification of charges to kicking your ass to the curb. Which chances are they did. And unless they commited some GREVIOUS infraction of civil rights, don't expect a change.

By my experience, it SOUNDS like you got what I refer to as a "standard" Chapter 10. Meaning you muffed up, and the punishment WAS just. Unless you can prove you went awol for a MORALLY correct reason, i.e. someone threatened to kill you and you were scared ****less, or if you read the 2nd reply I wrote to my own topic should be on the 1st page of "military law." And you better come to the board correct, no halfassin. The board can take into consideration other things, like age etc etc, letters from former NCO or OFFICERS would help a great deal. But ultimatly even with a gold brick wrapped in your paper work a Chpt 10 isn't going to get changed. Also don't bother with a congressman, my lawyer advised me that it carrys about as much weight as the ink it took to write it. The ADRB knows the congressman doesn't know his constituants, and will give a letter out to damn near anybody. So unless your Rep. is activly involved make even talking with their office a last priority. But they WILL listen to NCO's and CO's.

OKay,
I also have a reentry code 4 on my DD 214 what does that mean?

since you were army, i'll give you the army version of what RE-4 means:
"RE–4 Applies to: Person separated from last period of service with a nonwaivable disqualification. This includes anyone with a Department of the Army imposed bar to reenlistment in effect at time of separation, or separated for any reason (except length of service retirement) with 18 or more AFS.
Eligibility: Ineligible for enlistment."
//thats from AR 601-210, chapter 3-21; find the PDF on usapa.army.mil //

what it "means" is you muffed up, and they don't want you back. Since you were army, you can't get into the ARMY NG or Reserves. As recruiters will happily read you from NGR (AR) 600-200, 2-26 Enlistment Criteria, pg, 19. They wont even look at you.
if you were navy, marines or airforce then yes, they can look past the RE4, but not for the army. You will not get into the Navy or Navy reserves, Air force or Airforce reserves, OR USMC or their reserve components. Don't believe me? just call around.
------
I regret going AWOL and would like to serve my country again.
Unless you are like the 1 and a million billion trillion zillion thathillion shabadabadooo person to get your chapter 10 altered, then IT AINT GOING TO HAPPEN. So take a second, get a few deep breaths, and get yourself out of the mindset.

Your narritive reads "Discharge in lieu of trial by courts-martial," too obvious to go into. Your Separation code is undoubtly "KFS," which means "For the good of the Service, in lieu of court martial." Remember that.

So I'm sorry to be the bearer of bad news, but you're pretty much stuck. Best thing to do, is, go to school. get a degree and try to get a good job. It can be hard, but if you put a few years between yourself and your discharge you will be able to say you are not the same person, and it was a poor choice you made long ago. If you then decide to try the ADRB route, having been doing respectable things, like college and staying out of trouble, it will help. If it does get changed, it won't be anytime soon. They arn't going to kick you out on monday and change it on friday. Give yourself time to improve yourself a little bit, then move on. wait awhile, but not like 5 years or anything. i would say wait about 2. The ADRB isn't going anywhere, and neither is your discharge, so you might aswell wait and prepare the best case possible. BTW the process, from submission to result is roughly 9-12 months.
  #3  
Old 09-03-2005, 07:34 PM
thepizzaguy
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i'm in the same boat


Hay thanks for the heads up from man man man. I have been out with an OTH for 17 years now and am requesting my military records as the national guard has upped its age limit to 39 I am 37. As with most people am a different person than I was then, and I am also up for a fight when its neccessary. I'll get a lawyer and fight it if I have to, but thanks for the info and appreciate any other advice
  #4  
Old 09-03-2005, 08:01 PM
revere787
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chapter 10


hi, i was wondering if you could ellaborate on your experience, as far as turning yourself in and more details about it, when it happend. I am in that boat.
  #5  
Old 09-03-2005, 08:26 PM
thepizzaguy
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Ok I'll show you mine if you show me your's LOL I was in the marine corp. and went UA in 87 and turned myself in in 88 in my home town and was flown back to camp lejeune escorted by marine "chasers" spent the night in the brig in Philly while waiting on our connecting flight. Arived in lejeune and the cuffs where taken off and I was sent back to my unit. couple of months later i was told to see a lawyer. he asked me if i wanted out. i said i wasn't sure. he said you can take this OTH or its 6 months in the brig and the rest of your time in the service is gonna be rough, he didn't tell me what to do but you knew what he was leaning for me to do. he said you have 24 hours to decide. i took the offer of a OTH and with in 2 weeks I was on a Greyhound bus home. Yup stupid young kid, but then everybody has bones in there closet. Anyway I am 37 now married, kids, responsible, patriotic and regretful but Hay i can deal with it. Would really like to serve again and am gonna try. I might not succeed but gonna try.

Anyway thats my story and I'm stickin to it, and hope that this thread stays alive cuz its a good one for us f**k ups LOL ;-)
  #6  
Old 09-04-2005, 08:46 PM
thepizzaguy
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Exclamation

still plugging along


Ok this is obviously not a hot topic in this forum.. Does anybody know of any other links and such to sites that address this issue?

thanks
  #7  
Old 09-08-2005, 11:48 PM
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The guy who said that you can't get back in, is wrong. A recruiter called me 2 weeks ago, to recruit me. I told him I went AWOL and had an OTH. He said, 'that's ok, I can get you a waiver'. I said nah, that's not me. He said, 'ok, can I come over and we can get something to eat?' I said no I gotta go.
  #8  
Old 09-11-2005, 09:20 PM
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Location: Back from Iraq
Posts: 604
Quote:
Originally Posted by trudginup
The guy who said that you can't get back in, is wrong. A recruiter called me 2 weeks ago, to recruit me. I told him I went AWOL and had an OTH. He said, 'that's ok, I can get you a waiver'. I said nah, that's not me. He said, 'ok, can I come over and we can get something to eat?' I said no I gotta go.

I AM a Recruiter, and you can't get back in.

That Recruiter needs to be reported to the Sataion Commander. He just wanted an appointment... Most are required to have a certain number of appointments per day before they can go home. He wanted the appointment so he could tell you later that there was nothing he could do for you. His boss would ask what's up with you afterwards, and he would claim that you lied to him about your PS record, and that you have an RE4.

Lazy Recruiter... Gives the rest of us a bad name...
__________________
Just some schmuck with a truck... And a high I.Q.

"A young man who does not have what it takes to perform military service is not likely to have what it takes to make a living." - John F. Kennedy

I do not help deserters...

Quote:
Originally Posted by IsabellaSoriano View Post
that's like saying robbing a doughnut shop is entrapment.
  #9  
Old 10-22-2005, 08:41 PM
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Join Date: Oct 2005
Posts: 3

Similar but not the Same


I live in NY. Ok I have a Similar situation, I was in the Navy in 92 and I went UA for about 10 days I was taken back to the boat when my exec and Chief found me. I was taken to Captian's mast and was sentenced to 60 Boat restriction. Now just about two months before that I was in correctional unit for missing a watch. So After the captian mast I filed an appeal to the squad CO and told him that it was unfair, and I was having alot of emotional problems at that time and i couldn't be responsible for my action ***please read note below for further explination on this***. and would like to have that captians mast overturned of course I failed to metion to what but they changed it to Base restriction. And during that time they sent me to the base pyschologist, and determined that I had a personality disorder. Now my discharge was OTH:UHC personality disorder with a RE4 reenlistment code. What my question is could i have the reenlistment code changed but not the OTH, If i could prove that my personality disorder is not a problem by a psycholist and prove that I have behaved myself in society.
**Note**. I just wanted to add this. About 6 months before all this happened I had gone to the squad counsler to talk to her about my problems I was having with shipmates and being in the military. She told me 4 things 1 if I wanted out bad enough i could do something illegal ( wasn't that desperate and that would mean a term in prison and the brig for being awol while being in prison and a dishonorable discharge) 2 tell them I was gay (no way ) 3 tell them i was a member of green peace (nope didn't even know where to find them and 4 find a way to tell them I was not right in the mind. Now being young I believed her (wish i still knew her name.) Could I use that against the navy by saying that I was missinformed and mislead into lieing to the navy about my mental condition.
Just to quote what you had said before, "did the MILITARY follow the proper procedures when handling your case. Equity is an educated term for "fairness," i.e. was the punishment FAIR compared to the crime"

Last edited by frenchy124; 10-22-2005 at 09:11 PM.
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