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  1. #1
    Join Date
    Jan 2013
    Posts
    2

    Default RE-1 vs. RE-4 Code

    So, I was in the United States Navy for quite some time. I found myself in the middle of a situation where I ended up going to war with an Admiral. The Admiral basically issued me an Adverse Evaluation and removed my E-8 Frocking. This eval forced me out because I could not reenlist my last term. I never went to courts martial or mast. They just use admin to screw me.

    I filed 2 Article 138 complaints but no one was going to overturn the Admirals Decision.

    So, I am in the middle of a BCNR fight. I plan on suing the government if I lose the BCNR.

    Anyway, so I received a letter I have to rebut from PERS. They are saying I was issued a RE-1 code and should have been issued a RE-4 due to the "not recommended for retention".

    So, I need a good argument to this. Are there any legal cases I can quote where this happened and the service member won?

    Or

    Do I not even address this in my rebuttal of other things?

    Thanks,

    The Guy

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Re-4 Related

    You need an attorney.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,431

    Default Re: Re-4 Related

    Getting an RE-4 reversed is next to impossible. Your tone indicates that you may indeed not be suitable for retention. You haven't got a prayer without a good attorney. Even then it's stacked against you.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: RE-1 vs. RE-4 Code

    Although we don't really have enough details to be of help, I suggest not posting details here (in public) because your case is sufficiently unique that anybody associated with the case who sees the thread is likely to figure out who you are.

  5. #5
    Join Date
    Jul 2010
    Posts
    7,791

    Default Re: RE-1 vs. RE-4 Code

    And for any future non-coms who see this thread: Going to "war" with a Flag Officer is not a very wise thing to do for a non-com. It's not wise for an officer unless they have a whole lot of ducks, they are ALL in a very neat, orderly row and they have the support of another high ranking officer (preferably also a Flag Officer).

  6. #6
    Join Date
    Jan 2013
    Posts
    2

    Default Re: RE-1 vs. RE-4 Code

    I was issued an RE-1. NAVPERS recommed BCNR change my RE-1 to a RE-4 due to me filing a BCNR.

    Thougths?

  7. #7
    Join Date
    Jul 2010
    Posts
    7,791

    Default Re: RE-1 vs. RE-4 Code

    If you are seriously planning to continue this fight, you should consult with local counsel with experience in military and federal courts. This is not going to be a DIY project.

  8. #8
    Join Date
    Sep 2010
    Posts
    19,431

    Default Re: RE-1 vs. RE-4 Code

    They would not change an RE code based on some post-discharge protest. You haven't a prayer of getting anything without a lawyer and even then, it is next to impossible the Navy will ever take you back and doubtful any other service will take you.

    RE codes aren't capriciously set or changed.

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