Posted on Jan 3, 2022
When wanting to reenlist with an RE 4, must I wait for the ARBA's decision or can the wait time mentioned in my chapter help with the waiver?
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I’ve held out on posting here for going on two years now and I am now open to other’s opinions and honest feedback though I assume what many will say.
I was chaptered under 14-12c with an RE-4 with a General under Honorable discharge; yeah I know, an automatic no-go as a NCO. I can explain through other means if you want more details. The separating authority added that I would ineligible to apply for enlist for a period up to 2 years but I was given an RE-4 which disqualifies me indefinitely.
I cleared my duty station 16 JAN 2020 and that 2 year mark is approaching. Also there is an active application through the army’s review board agency on my behalf which is also coming up on 2 years this February.
So I just need better understanding since I am eager to return to service. Will I just have to continue to wait for the ARBAs decision or can that 2 year wait mentioned in the chapter packet help with the waiver process?
I have asked recruiters everywhere and some say wait for the upgrade and others say wait until my two years are up.
Oh and if you want to know what I got chaptered for I’ll tell you. I was bringing up issues to leadership that soldiers have mentioned during a casual NCO meeting. I began to get cursed out like I just ND’d. keep in mind I was disrespected too much at this point and cursed back which I admit I regret wholeheartedly. My response wasn’t taken to well and Somehow someone said I made threats though I did not and boom, now I’m a civilian. No threats were made and no one was touched. But that’s what they said I did though MPs never got involved since people were allegedly “unlawfully struck”.
I was wrong on my end for responding however, the allegations and punishment were a bit too harsh. It was proven during my field grade hearing so I got to keep my stripes but I was still separated.
I was chaptered under 14-12c with an RE-4 with a General under Honorable discharge; yeah I know, an automatic no-go as a NCO. I can explain through other means if you want more details. The separating authority added that I would ineligible to apply for enlist for a period up to 2 years but I was given an RE-4 which disqualifies me indefinitely.
I cleared my duty station 16 JAN 2020 and that 2 year mark is approaching. Also there is an active application through the army’s review board agency on my behalf which is also coming up on 2 years this February.
So I just need better understanding since I am eager to return to service. Will I just have to continue to wait for the ARBAs decision or can that 2 year wait mentioned in the chapter packet help with the waiver process?
I have asked recruiters everywhere and some say wait for the upgrade and others say wait until my two years are up.
Oh and if you want to know what I got chaptered for I’ll tell you. I was bringing up issues to leadership that soldiers have mentioned during a casual NCO meeting. I began to get cursed out like I just ND’d. keep in mind I was disrespected too much at this point and cursed back which I admit I regret wholeheartedly. My response wasn’t taken to well and Somehow someone said I made threats though I did not and boom, now I’m a civilian. No threats were made and no one was touched. But that’s what they said I did though MPs never got involved since people were allegedly “unlawfully struck”.
I was wrong on my end for responding however, the allegations and punishment were a bit too harsh. It was proven during my field grade hearing so I got to keep my stripes but I was still separated.
RE Code
Re-enlistment
Career Counselor
Career Advice
Posted >1 y ago
Responses: 5
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Ok, generally the Review Board will not take actions unless you can show that the Judgement or Punishment were incorrect or excessive. Your situation is the result of a Field Grade Article 15 and I don't see them second guessing the Battalion/Brigade Commander unless you have some pretty good evidence that the decision was wrong. Still, the worse that can happen now is that they tell you no, so no harm in trying.
Did you get legal counsel this time?
Did you get legal counsel this time?
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SGT Darrell Bell
Thank you for your feedback! And yes I sought legal both forward and while on rear detachment TDS told me to go to JAG and JAG told me to go to TDS. The full bird that separated me was a in command of another brigade and my rear detachment commander put me on details to prevent me from going to board and speak with him prior. I could not argue with him while being on thin ice about that. I was out on two commanders no contact orders that prevented me from all communication with my witnesses.
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CPT Lawrence Cable
SGT Darrell Bell TDS can advise you during an Article 15, but can't represent you at the hearing. You could have retained an outside counsel. However, I was speaking of your current situation. There are lawyers that specialize in discharge upgrades and honestly you are going to need a pro to get this one changed.
I have to ask you why you didn't ask for court martial. Yes, it has worse penalties, but then the rules are a bit more in your favor.
I have to ask you why you didn't ask for court martial. Yes, it has worse penalties, but then the rules are a bit more in your favor.
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The waiting of two years is not going to matter for a thing since you were given an RE-4. You will need to get that upgraded to a 3 before anything else can be done. And that's IF it can get upgraded. Then, you're going to need waivers. And I bet dollars to pesos any waiver for your chapter is not gonna happen. NCO chaptered for misconduct.....yea...
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SGT Darrell Bell
I agree with you completely however, that’s the frustrating part with it all, when almost a company’s worth of soldiers to include NCOs and officers know I did nothing wrong but they’re too scared to speak up screws everything up. I’m man enough to admit that if I was in the wrong I would not fight it.
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It will take one hell of a waiver, and right now they are Not hurting for people.
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SGT Darrell Bell
Yeah, unfortunately I am beginning to realize that though I have some unfinished business since I was prepping for SFAS.
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