RE-4/OTH from Army - determined to serve.

[letsjustgo]

What is the name of your state (only U.S. law)? Wisconsin

Hello all,
Let me first say that I understand that returning to the Army after receiving an OTH with an RE-4 is next to impossible. However, I am 100% committed to doing anything that it takes to return to service in the Army. I will briefly explain my situation.

I began Infantry OSUT in September 2007, returned home for Christmas Exodus in December and did not return for my final two weeks of training in January. My reasons for not reporting back for duty were family related - I do not wish to make any excuses. Despite the outcome, I truly DID want to return to training, and I am facing the consequences of making choices between family and duty. In the hope that I might be able to rectify the situation I returned to Ft. Knox in mid-April and before I knew it I was OTH, RE-4.

My understanding is that the only way to return to service - whether it be AD or NG - is by having your RE-4 status adjusted. It is also my understanding that nearly all appeals are rejected. However, I am willing to put in as much hard work as necessary to attempt an appeal that might have even the slightest chance. I am greatly determined and believe that it is my duty to do everything in my power to return to service.

I'm realistic, and am willing to accept the consequences of my actions, however dishonorable those actions were. But I also want to make every effort to return to the military and serve my country.

I'm seeking very straightforward advice and I hope that someone here might be able to assist me. What exactly are the steps that I should take to try and appea? I have searched these forums and have seen some information on DD 149, but I'm still somewhat unclear on the process.

Any help is greatly, greatly appreciated.What is the name of your state (only U.S. law)?

[ElvisG]

Ether you are lying about about doing a search on these forums or just lazy.

I search the forums and Google for "RE-4 code change" and found all the information needed.

[url]http://members.aol.com/forvets/htomd.htm[/url]

Follow the directions on the back of the form.

To help you further I copied this from another post on another forum.

"CHANGING MILITARY RECORDS UPDATE 01: To apply for a change to your military records use a DD Form 149, "Application for Correction of Military Record" Section 1552 for submission to your service's Board for the Correction of Military Records. You should complete the form very carefully by typing or printing the requested information. Attach copies of statements or records that are relevant to your case. Make sure you sign item 16 of the form. Mail the completed form to the appropriate address on the back side of the form. The Board will correct your military records only if you can prove that you are the victim of error or injustice. You do this by providing evidence, such as signed statements from you and other witnesses or copies of records that support your case. It is not enough to provide the names of witnesses. The Board will not contact your witnesses to obtain statements. You should contact your witnesses to get their signed statements with your request. Your own statement is important. Begin in item 9 of the DD Form 149 and continue in item 17, if necessary. You may also put your statement on plain paper and attach it to the form. Limit your statement to not more than 25 pages. Explain what happened and why it is an error or injustice in simple, direct terms.

Normally, the best evidence is statements from persons who have direct knowledge or involvement. For example, statements from persons in your rating chain if you are contesting a performance report. Or a statement from the person who counseled you if you are alleging that person miscounseled you. Character references from community leaders and others who know you are helpful if you are requesting clemency based on post-service activities and accomplishments. This is only a general rule, however. You must decide what evidence will best support your case. It may take you some time to gather statements and records to support your request. You may wish to delay submission of your application until information gathering is complete. You should, however, submit your request within the 3-year time limit.

With few exceptions, all personnel records generated by the military may be corrected by the Board. The Board cannot, however, change the verdict of a courts-martial imposed after 4 MAY 50. In these cases, the Board's authority is limited to changing the sentence received on the basis of clemency. The Board will mail you a copy of the applicable service regulation at your request. Most applicants represent themselves. If your request is complex, you may want someone to represent you: Many veteran service organizations have staff members who will represent you in applying to the Board. You can obtain a list of these organizations by writing to the Board (see addresses on reverse side of DD Form 149). You may also hire a lawyer to represent you at your own expense. You should name your representative on DD Form 149, item 7. The Executive Director of the Board must approve any representative other than a veteran service organization staff member or a lawyer.

If you name a representative, the Board will normally deal with your representative rather than directly with you. Advice and guidance are available from many sources. Military Personnel specialists can advise you on personnel issues. Veteran service organizations will advise you even though you decide to represent yourself. You may discuss your case with a Board staff member, or you may write to the Board, and a staff member will respond to your questions. You may request a personal appearance before the Board by checking the appropriate box on DD Form 149, item 6. The Board will decide whether a personal appearance is necessary to decide your case. Travel expenses are your responsibility. The Board grants very few personal appearances, so you should try to fully present your case in writing. If your request for a personal appearance is granted, the Board will provide you with the necessary details.

Upon receipt of your application by the Board one or more offices within your military service (JAG, hospital, personnel, etc.) will prepare an advisory opinion on your case. The advisory opinion will be sent to with your case file. If the advisory opinion recommends denial of your request, the Board will send it to you for comment. Remember that the advisory opinion is only a recommendation. The Board will make the decision on your case. The Board will ask for your comments on the advisory opinion within 30 days. You may request an additional 30 days if you need it. Reasonable requests are normally granted. It may be unnecessary for you to comment on the advisory opinion. If you have nothing further to say, don't bother to respond. Failure to comment on an advisory opinion does not mean you agree. Nor will it prevent a full and fair consideration of your application. [Source: About.com: US Military Rod Powers article 25 Jun 07 ++]"

[letsjustgo]

Elvis,
I read this post in my research. It was extremely informative and appreciative. I thought perhaps that I might receive specific advice regarding my case, but I shouldn't have assumed that this would be available. I will follow the instructions provided in the post.

Regards,

[cyberspook]

Originally Posted by letsjustgo

What is the name of your state (only U.S. law)? Wisconsin

Hello all,
Let me first say that I understand that returning to the Army after receiving an OTH with an RE-4 is next to impossible. However, I am 100% committed to doing anything that it takes to return to service in the Army. I will briefly explain my situation.

I began Infantry OSUT in September 2007, returned home for Christmas Exodus in December and did not return for my final two weeks of training in January. My reasons for not reporting back for duty were family related - I do not wish to make any excuses. Despite the outcome, I truly DID want to return to training, and I am facing the consequences of making choices between family and duty. In the hope that I might be able to rectify the situation I returned to Ft. Knox in mid-April and before I knew it I was OTH, RE-4.

My understanding is that the only way to return to service - whether it be AD or NG - is by having your RE-4 status adjusted. It is also my understanding that nearly all appeals are rejected. However, I am willing to put in as much hard work as necessary to attempt an appeal that might have even the slightest chance. I am greatly determined and believe that it is my duty to do everything in my power to return to service.

I'm realistic, and am willing to accept the consequences of my actions, however dishonorable those actions were. But I also want to make every effort to return to the military and serve my country.

I'm seeking very straightforward advice and I hope that someone here might be able to assist me. What exactly are the steps that I should take to try and appea? I have searched these forums and have seen some information on DD 149, but I'm still somewhat unclear on the process.

Any help is greatly, greatly appreciated.What is the name of your state (only U.S. law)?

You are right about this being difficult. You will NOT beable to just fill out the form and poof 6 months later it is changed.

My best advice is to retain a lawyer who specializes in military law. There is clemency issues that can be argued. One Charles Gittins (military lawyer) springs to mind. This is going to cost you money if you want to pursue it. Then if you do get back in, you are still going to have a stigma with your command and peers.

Good luck you're going to need it.