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Former Service members discharged solely under DADT can seek reentry into the military. As a Jan. 28, 2011 Undersecretary of Defense memorandum states, former service members will be “evaluated according to the same criteria and Service requirements applicable to all prior Service members seeking reentry into the military at that time.”

Prior to policy’s repeal, a DADT-related reenlistment code (“Re-Code”) on a former service member’s DD Form 214 could have barred him or her from re-entry. Re-Codes vary among the armed forces. However, according to the Jan. 28 memo, the services should waive Re-Codes on DD Form 214 stemming from separations under DADT and related implementing regulations. For example, MARADMIN 532/11 states Marines exclusively discharged under DADT with a Re-4 code “will be processed as any other re-accession under Marine Corps Policies.”

Former service members separated under DADT and wanting to reenlist may still experience problems reentering the uniformed services due to their Re-Code. The military law attorneys at Tully Rinckey PLLC can assist gay and lesbian former service members with the following:

• Preparation of an application and supporting documents for a Re-Code change request to a discharge review board.
  • The discharge must have occurred within the last 15 years and the code was incorrect or unjust (DD Form 293 – Application for the Review of Discharge or Dismissal from the Armed Forces of the United States).
• Representation before the:
  • Army Discharge Review Board;
  • Air Force Discharge Review Board;
  • Naval Discharge Review Board; and
  • Coast Guard Discharge Review Board.
• Preparation of an appeal to an unfavorable discharge review board decision to a board of correction of military records (DD Form 149 – Application for Correction of Military Record).
• Preparation of an application and supporting documents for a Re-Code change request to a board of correction of military services.
  • The discharge must have occurred more than 15 years ago and the code was incorrect or unjust (DD Form 149 – Application for Correction to Military Record).
• Representation before the:
  • Army Board of Correction and Military Records;
  • Air Force Board of Correction and Military Records;
  • Board for Correction of Naval Records; and
  • Coast Guard Board of Correction and Military Records.

Schedule a meeting with one of Tully Rinckey PLLC’s military law attorneys today by calling 202-787-1900 or e-mailing info@fedattorney.com.