RE-4. BC Discharge. Is there any possible way back in or did I royally screw myself out of my dream job?

PVT(P) Aaron M. M. Bryant — Wed, 01 Nov 2023 17:37:27 -0400

Went through a special court-martial for A/AWD and did a 6-month stint at Miramar. Event and court happened in 2019.
Recruiters seem to think I can contact a DA or my Congressman to maybe find some leeway (I’m from California).
I have my doubts, although that doesn't stop me from wanting back in.
Any relevant information is appreciated. Thank you.

Response by CPT Private RallyPoint Member made Nov 1 at 2023 8:44 PM

CPT Private RallyPoint Member — Wed, 01 Nov 2023 20:44:02 -0400

That's the sort of Hail Mary that takes a long period of time making corrective decisions. Get a degree, get a career, keep at it for 10 years. Then come back and say, hey, I am not this same person because of XYZ.

It has been decades since the military was place to send people to get their lives sorted.

Response by COL Randall C. made Nov 1 at 2023 9:22 PM

COL Randall C. — Wed, 01 Nov 2023 21:22:12 -0400

Anything's 'possible', but 'probable' is an entirely different thing. I'll be frank with you up front - unless you have some special skill that is in critical demand in the military or you have some personal influence with the waiver authority, you'll be spinning your wheels.

About the only thing you have going for you is "at least it wasn't a dishonorable discharge".

Unless you have a reason that you should have a discharge upgrade, then seeking Congressional help is a waste of time. The best they could do is help to bring a spotlight to a case of injustice, but their office isn't going to invest much time in helping you unless there is more to your story.

However, if there IS more to your story such as your were suffering from PTSD, a TBI, or some other mental health condition in 2019, but didn't get a formal diagnosis until after your conviction, then you might have a chance at getting an upgrade.

On the reenlistment side, you may not even need a waiver if that's the only thing in your background. Without knowing what "A/AWD" is (I don't speak shorthand jailbird), Special Courts-Martial convictions are GENERALLY consider "misconduct" level offenses instead of "major misconduct".

While you won't require a Moral waiver based on the conviction, you will need one based on the RE-4 code (which will amount to the same thing). You'll have to display a sufficient mitigating circumstances that clearly justify approving the waiver. In other words, you'll have to show that your of the moral fiber and character that the Recruiting Battalion Commander would accept.

If "A/AWD" is one of those prohibited offenses for enlistment, then it's easy - the answer will be an unequivocal "No".
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* https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN6642-AR_601-210-001-WEB-1.pdf
* https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN30547-ARMY_DIR_2020-09-000-WEB-1.pdf

ARN6642-AR_601-210-001-WEB-1.pdf

Response by MSG Private RallyPoint Member made Nov 1 at 2023 9:40 PM

MSG Private RallyPoint Member — Wed, 01 Nov 2023 21:40:30 -0400

The normal practice for those having received a Big Chicken Dinner are generally not allowed to reenlist. The RE 4 disallows you to reenlist and waivers for this RE Code are not granted unless serious extenuating circumstances/evidence is presented.

And, if my Google-Fu is correct, the A/AWD is for attempted assault with a deadly weapon?

Unless you can prove all charges and conviction was given erroneously, you stand not a snowball chance.

Response by SSgt Christophe Murphy made Nov 2 at 2023 8:30 AM

SSgt Christophe Murphy — Thu, 02 Nov 2023 08:30:44 -0400

You went to a special court martial for assault , did 6 months at the Miramar brig, received a BCD and and an RE-4 and you want to come back in?

Sorry to say but with all of those combined it will be extremely difficult to make any progress in coming back. Unless there is evidence that the charges/punishment were erroneous/false I doubt a DA or Congressmember has anything to go on to even start trying to appeal on your behalf.

Response by SP5 Peter Keane made Nov 2 at 2023 12:47 PM

SP5 Peter Keane — Thu, 02 Nov 2023 12:47:27 -0400

Special Court=Felony RE-4= unwaiverable. No, there is no possible way back in.

Response by CPT Ian Stewart made Nov 3 at 2023 10:05 AM

CPT Ian Stewart — Fri, 03 Nov 2023 10:05:14 -0400

All the points COL Cudworth raises are valid considerations and under normal circumstances, I'd say you chances of re-enlisting would be in the 50/50 range. However, recent stories about the Armed Forces having recruitment problems would lead me to believe your chances of getting a waiver MAY be better. I'd say go for it. After all, the worst that can happen is that they say no....right?

Response by SMSgt Bob Wilson made Nov 11 at 2023 10:58 PM

SMSgt Bob Wilson — Sat, 11 Nov 2023 22:58:51 -0500

Kiss it good bye.

Response by SFC William Stephens A. Jr., 3 MSM, JSCM made Nov 13 at 2023 7:29 PM

SFC William Stephens A. Jr., 3 MSM, JSCM — Mon, 13 Nov 2023 19:29:35 -0500

THAT WAS BRAVE TO POST....

Response by GySgt Private RallyPoint Member made Nov 19 at 2023 11:23 AM

GySgt Private RallyPoint Member — Sun, 19 Nov 2023 11:23:04 -0500

Aside from your wants and desires, why should you be allowed back in after you did something so serious that they decided to court martial you previously? If like some others had mentioned, you did not do the crime or there was a lot of mitigating circumstances, you received the appropriate reenlistment code and discharge for your service at the time. If there was no mitigating or extenuating circumstances to explain your prior service actions, I cannot imagine you will get your conviction upgraded or be allowed to reenter the service again. Some will say that if you turned your life around after your discharge, you could get an upgrade. Unless you solved world peace or helped save a bunch of kids from a burning building with gasoline drawers on, even than, your actions after your service have nothing to do with your actions during your service, upgrading your discharge and changing your reenlistment code is not going to happen anytime soon. I would focus on you now. If you want to continue to serve, you will have to find another organization to fulfill your quest for service.

Response by 1LT Brandon Brackett made Nov 19 at 2023 9:39 PM

1LT Brandon Brackett — Sun, 19 Nov 2023 21:39:08 -0500

Go to a foreign country or be a contractor? Find a back door through a State National Guard?

Response by LCDR Private RallyPoint Member made Nov 20 at 2023 11:39 PM

LCDR Private RallyPoint Member — Mon, 20 Nov 2023 23:39:33 -0500

CPT laid out a good plan for you - though it involves 10 years of good conduct & positive improvement. A *slightly* shorter way back in *may* involve serving honorably in another NATO-affiliated country’s military & be able to provide supporting documentation. Clearly, you were either USMC or Navy. It would be worth your time to consider re-entry via the Army - since they can’t seem to make recruiting goals. You will get more leniency with a service who’s hard-up for volunteers. (JM2C)

Response by SPC Daniel Dresen made Nov 23 at 2023 7:26 PM

SPC Daniel Dresen — Thu, 23 Nov 2023 19:26:11 -0500

Unless you can prove innocence, diminished mental capacity, or have the silver tongue of the devil and can convince a board to change your character of separation and RE code... I doubt you can get back in. I have an RE 3 with an honorable and know I can't get back in.

Response by MSG Bob S made Nov 24 at 2023 11:48 AM

MSG Bob S — Fri, 24 Nov 2023 11:48:36 -0500

This is just my opinion, but the way I see it you have two options. The first is that you try reaching out to an Army recruiter since they can’t seem to come close to meeting their recruiting goals and they “may” be able to come up with a creative solution. If you strike with the Army and still want to serve, there’s always becoming a Legionnaire in the French Foreign Legion.

Response by MSG Carl Clark made Nov 27 at 2023 6:32 AM

MSG Carl Clark — Mon, 27 Nov 2023 06:32:43 -0500

Maybe follow the route that TCAV Official did, go to France and join the Legion. He was in your same boat.

Response by SSG Eric Blue made Nov 27 at 2023 7:09 PM

SSG Eric Blue — Mon, 27 Nov 2023 19:09:22 -0500

Your chances are NOT looking good. However, I've seen criminals with felony records drug trafficking get waivered. So you may have a shot. If it's what you really want, then good luck.

Response by SGM Major Stroupe made Dec 10 at 2023 8:35 PM

SGM Major Stroupe — Sun, 10 Dec 2023 20:35:30 -0500

To answer your question: you messed up. You are done and you're not getting back in. As poorly as recruiting has been in the past few years they are not taking in RE-4 BC discharge soldiers. That part of your life is done and you can't change it. However, you can move forward and do great things. Every day is a new beginning. Every one makes mistakes but something to rate an RE-4 and BC is n't going away. so move on and accept it. Get better at life. Good luck.

Response by Harriet Nix made Dec 22 at 2023 8:51 PM

Harriet Nix — Fri, 22 Dec 2023 20:51:13 -0500

Recruiters make coin on any re-enlistment. And, if you think anyone in California is going to assist you, forget it. The administrative powers in CA are insane, besides the fact that they are "woke" on the military. I wish you nothing but the best; your time would be better spent on job skills that illegals don't have.

Response by SGM Erik Marquez made Dec 23 at 2023 10:29 AM

SGM Erik Marquez — Sat, 23 Dec 2023 10:29:56 -0500

Technically there is a path
" Applicants with prior military service who were separated or discharged from any
branch of military service for conduct identified as misconduct in the enclosures, require
an enlistment, appointment, or induction waiver from the DMPM. Requests will be
submitted through the appropriate waiver authority identified in Army Regulation
(AR) 135-100, paragraph 1-8; AR 601-100, paragraph 1-13; and AR 601-210,
paragraph 4-7, who will provide a recommendation on approval or disapproval to the
DMPM. " Now that may not be the most current directive, and an attachment I don't have could outline RE4 with BCD and assault conviction are ineligible for a waiver.
But think of it like this.....If the Army needs 1000 new recruits this month nationwide, and they have 5000 applicants..a Former enlisted, with a BCD stemming from an assault conviction who was sentenced to prison for 6 months...... Im as positive as I can be, your application waiver will be round-filed.
Still, there is a path technically, and you fail every time you don't even try. What you are asking is answered by your local recruiter. They have the latest guidance on if you can even apply for a waiver, never mind if a board will approve it.

Response by SPC Vonnie Jones made Dec 25 at 2023 5:45 AM

SPC Vonnie Jones — Mon, 25 Dec 2023 05:45:05 -0500

Well you didn't run to North Korea lol. Screwed is such a strong but true word. Wait until enlistment is down and we are in WWIII,they will probably take you back in. Depending on your job you may have a chance, with a good recruiter and a congressional appeal. I believe in second chances, but with that being said are you mission focused? This may be your dream job, but think about other ways to se rve if the service is more about you and what you want rather than the mission. If you sould be allowed to stay be prepared to start from the bottom do I have the fortitude be treated like a new kid? I wish you the best.

Response by SFC R. Lee Linebarger made Dec 25 at 2023 3:09 PM

SFC R. Lee Linebarger — Mon, 25 Dec 2023 15:09:55 -0500

Look into the French Foreign Legion. No, not being funny.

Response by SSG Private RallyPoint Member made Dec 26 at 2023 9:24 AM

SSG Private RallyPoint Member — Tue, 26 Dec 2023 09:24:41 -0500

RE4's are double diamond coated armor. The probability is under 5% unless the court overturns your conviction for misconduct on part of the state. If it's a DVA charge: than you have the Lauttenburg hurtle to clear.
IF you clear that hurtle-: its a all uphill battle for a correction of records through the army side.

Not a bet I'd make.

Response by SSG Private RallyPoint Member made Dec 26 at 2023 7:17 PM

SSG Private RallyPoint Member — Tue, 26 Dec 2023 19:17:32 -0500

AD 79R, RE4 is a straight no go. Regulation you can look at is AR 601-210. While PS rules do change occasionally that rule has not changed for at least 10 years

Response by Cpl Private RallyPoint Member made Dec 28 at 2023 6:12 AM

Cpl Private RallyPoint Member — Thu, 28 Dec 2023 06:12:18 -0500

I am a congressional caseworker.

It would be very difficult and near impossible to get you in a position where you would be able to return to service.

Working backwards you would need to change your discharge including the re-enlistment code and characterization of service which would require you to submit a request to the Army Board for the Correction of Records. In order to prevail there you would need to prove an error or injustice.

That process even when successful is multiple months, if not years-long, and you would need some compelling evidence in order to sway the board.

Even if you were successful in that process and managed to change your DD-214 iirc the U.S. Military does not have an expungement process and your court martial would still be on your record. This could mean that even if your discharge documents and record indicated you were able to return, your record may still be an obstacle. Waivers are possible but this would likely require you to persuade the appropriate flag officer in order to get that waiver.

Your wish to return to service is admirable and that desire will likely continue unrequieted but I would encourage you to embrace new ways to serve in your community in order to meet your passion fer service.

Have a Happy New Year.

Response by SPC Nicholas Hord made Dec 28 at 2023 5:18 PM

SPC Nicholas Hord — Thu, 28 Dec 2023 17:18:12 -0500

I think the bigger question is why you did a A/AWD You need to get some serious counseling and explore how you got into that situation. Soldiering and military aside there are so many BIG opportunities in the world out there you need to prepare for that while you are still young and recover.
I had big service aspirations but a physical problem rendered that impossible. I later learned that my disability would not stop me from being a huge success in civilian life - so much so that I wondered why I spend so much time wrapped up about not being able to finish a carrier in the military..
Then again-
If you really want to be a soldier you can always goto Paris and knock on that huge door at the French Foreign Legion...

Response by SSG Rick Miller made Dec 29 at 2023 11:51 AM

SSG Rick Miller — Fri, 29 Dec 2023 11:51:58 -0500

There are a few things to unpack here. First, you wanting to continue your service is commendable. Second, you being upfront and honest about why this is your situation is likewise commendable. If the recruiters are saying they can help you out, let them try, but don't get your hopes up. That seems to be more in the arena of wishful thinking than reality, but who knows? It might work, but the chances are mighty slim. Attempted Assault with a Deadly Weapon, even if non-firearm, isn't a slap on the wrist kind of offense. Working against you is the Special Court, conviction, incarceration and the BCD. The reup code of RE4 also works against you. Now, what follows is simply my opinion, but here goes. Man, not only did you seriously fuck up, but thinking you may have screwed yourself is the understatement of the year. Not only did you royally screw yourself, you screwed the pooch. You have two, and only two, chances of returning to any branch of the military in the US. They would be slim and none. I'm not trying to be negative, or some kind of smartass, but reality has to intrude. Go for the waiver, if you can, and good luck to you. As others have said, you can always try the Foreign Legion. Their initial enlistment is for 5 years, their training rivals SFQC, and you need to speak French fluently.

Response by SrA Van Deen made Dec 30 at 2023 4:36 AM

SrA Van Deen — Sat, 30 Dec 2023 04:36:01 -0500

Idk, they a pretty desperate for people.

You might be able to come back in as an overpaid/ underwork contractor.

Response by SGT Ricky Young made Jan 1 at 2024 11:33 AM

SGT Ricky Young — Mon, 01 Jan 2024 11:33:00 -0500

My question is if you assaulted someone and went to the brig why do you think you deserve a chance to reenlist? It sounds like you have anger problems and are not capable of making right decisions. It's not hard to get a honorable discharge. I have no mercy for anyone that has made a decision such as this. As a prior NCO I would not be able to trust anyone with such a discharge. You had your chance and you made your

Response by LTC William Gilmore made Jan 2 at 2024 6:27 PM

LTC William Gilmore — Tue, 02 Jan 2024 18:27:40 -0500

What is A/AWD? Not familiar with that.

Response by SFC Richard Baerlocher made Jan 7 at 2024 9:40 PM

SFC Richard Baerlocher — Sun, 07 Jan 2024 21:40:57 -0500

You need to petition the Court of Military Appeals, but there have been very few BCD's reversed.

Response by PO1 Dan Richie made Jan 27 at 2024 11:11 PM

PO1 Dan Richie — Sat, 27 Jan 2024 23:11:04 -0500

I have a BCD also. It never came up. I went to work in a shipyard in San Diego right after separation doing the same thing I was in the Navy. 41 years later and it's never been an issue in the civilian world. Trying to reenlist might be a stretch. If they wanted you that badly you'd still be there. Especially with a violent crime.

Response by CW4 James Berry made Feb 4 at 2024 10:47 AM

CW4 James Berry — Sun, 04 Feb 2024 10:47:47 -0500

You could try the National Guard. If you have good references, community ties, and can prove that the original offense(s) were associated with being a "youthful offender" you may have a chance. Chief, NGB is more likely to grant a waiver based on State TAG recommendation and that would be based on above. Once you're in the Guard you can redeem yourself from a discipline and leadership perspective and then look into re-enlisting in USMC if you so choose.

Response by SFC(P) Private RallyPoint Member made Mar 4 at 2024 11:04 PM

SFC(P) Private RallyPoint Member — Mon, 04 Mar 2024 23:04:37 -0500

Your problem really stems from the combination of items against you. An RE-4 is a tough one but I’ve seen it happen. Now would be the time considering recruitment is abysmal and they are making a lot of concessions to get people in the door, especially in low density MOS’s. But then there is the BCD which is a way tougher nut to crack. Now pile on a court martial which is almost always a deterrent to re-enlistment regardless of the re code, unless we are in an active conflict. Brother, you have a trifecta.

Right now you have to pray for a perfect trifecta to return. Time, active conflict and reduced standards. You can try to petition for an upgrade to under honorable conditions but you will really need to convince some influential players to provide character statements.

Can I ask? Are you ready to come back? I mean… this wasn’t a DUI or a AWOL situation. This was something that pushed you to respond with extreme action. Do you have a handle on it and moved past it? Are you contrite and telling everyone you fucked up? I ask because somewhere along the lines you let your brothers and sisters down. If you were to come back, could you guarantee it’s not something that would happen again? We all fuck up. I myself had an RE-4 and managed to come back and that was 30 years ago now and still serving. It can be done but you got to realign yourself.

I wish you luck brother. I hope you get your chance to do it right.

Response by MAJ John Moran made Mar 5 at 2024 10:59 AM

MAJ John Moran — Tue, 05 Mar 2024 10:59:46 -0500

The only possible chance you’ll probably have to get back in is to give it time. Waaay back in 2003 when I was commanding a company, in the CA Army Guard my recruiter brought me a guy in his mid 30’s who had received a BCD from the USMC for Assault when he was 22. In the intervening 12 years he had gone to school, gotten married, had kids, and stayed out of trouble.

I interviewed the guy for about 5-10 minutes then signed his waiver request. It was clear to me he had matured from the way he behaved on his first enlistment.

Response by PO1 RIchard Petty made Mar 6 at 2024 12:22 PM

PO1 RIchard Petty — Wed, 06 Mar 2024 12:22:39 -0500

Read Cpl William Rodriguez-Kennedy response to your question. I have read others replies and they are pretty much spot on. You go the trifecta of all BCD, RE-4, and Special Courts Martial more than like you will not be able to apply to any branch to serve no matter who gets involved or how much you try to appeal it. Just look ahead and move on.

Response by 1SG Timothy Trewin made Mar 8 at 2024 8:07 PM

1SG Timothy Trewin — Fri, 08 Mar 2024 20:07:44 -0500

Late to the party, but are you legally allowed to carry a firearm? If not then your chances of serving again are less than zero.

Response by 1SG Dean Mcbride (MPER) (CPHR) made Mar 17 at 2024 9:26 PM

1SG Dean Mcbride (MPER) (CPHR) — Sun, 17 Mar 2024 21:26:16 -0400

Anyone found guilty in a special court-martial can be subjected to penalties that include:
A maximum of twelve months confinement (cannot be applied to officers)
Up to three months of hard labor without confinement
Forfeiting two-thirds basic pay every month for twelve months
Reduction to E-1
A bad-conduct discharge (also cannot be applied to officers)
Some lesser penalties
If your sentence included confinment at the Naval Consolidated Brig, Miramar it was probably for a rather serious offense. I rather doubt that a Congressmen would put much of an effort into getting you back in the military. I agree with COL Randall C. , you are probably spinning your wheels! You would be better off spending your time and efforts in trying to improve your civilian situation...

Response by Cpl Vic Burk made Mar 18 at 2024 2:35 PM

Cpl Vic Burk — Mon, 18 Mar 2024 14:35:34 -0400

You won't know unless you try and the worst that can happen is they say, "no." I did administrative work for the last year I was in the Corps and I know that was eons ago but I doubt the regulations have changed. The RE-4 in itself is a difficult obstacle, then to throw on the Special Court Martial with a BCD authorized. Whew! What you did had to be extremely brutal or you had a really screwed up service record up to that point and the Army disposed of you. Even in the Corps I saw guys who had two Special Court Martials were allowed to stay in. The third was the, "We're through with you, get the hell out." They don't hand out BCD's like cotton candy. I don't know how the Army works it but in the Corps if part of the sentence of a court martial was the BCD they sent you home on appellate leave while waiting for the Navy Discharge Review board to put their stamp of approval on it.

You didn't indicate but how many Article 15's and prior court martials did you have?

If the recruiter thinks he can help you, go for it. Just don't be counting your chickens before they hatch. Best of luck to you.

Response by SGT Private RallyPoint Member made Apr 8 at 2024 11:13 AM

SGT Private RallyPoint Member — Mon, 08 Apr 2024 11:13:30 -0400

I was involuntarily separated from the U.S Air Force with an Honorable Discharge (2X RE-Code) under the DOS (Date of Separation) Rollback Program in 2013. Essentially, I had several Letters of Reprimand without Non-Judicial Punishment (Article 15). As a result, I was not selected for re-enlistment and my promotion to E-5 was withdrawn. Additionally, I was barred from ever re-enlisting in the Air Force. My hopes for ever serving again were dashed and I fell into a deep depression.

Two years later, with the help of sympathetic and supportive Recruiter, I successfully enlisted in the U.S Army as a Reservist (with a waiver). My time in the Army has been quite successful and there have been no issues. I was able to promote to Sergeant and I have only six years remaining until I'm eligible for a 20 year-retirement. Surprisingly, my unit is about to deploy to the Middle East for nine months and I couldn't be happier.

What I'm saying is, sometimes a beacon of hope is still visible even in the darkest hour. The needs of each respective service branch are different, and waivers can be considered for prior service. Granted, your situation was a bit more complicated than mine, however that does not mean that you shouldn't hold your head high and press on. I'm sorry you went through such adversity; it does not make you a bad person but only more resilient to life's struggles. I wish you all the very best and just remember, all is not lost even in the thick of darkness.

Response by SGT Private RallyPoint Member made Apr 8 at 2024 11:13 AM

SGT Private RallyPoint Member — Mon, 08 Apr 2024 11:13:43 -0400