Posted on Oct 21, 2021
Does an RE code override an approved reenlistment appeal?
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I was coded ineligible to reenlist and denied reenlistment as a result. I elected to appeal and my appeal was granted. Per AFI 36-2606, I should of been allowed to reenlist and have my RE code updated to reflect "eligible". However, my unit commander refused to abide by the AFI and my appeal result. The commander claimed a pending administrative action and the RE code still rendered me ineligible to reenlist despite my appeal. However that contradicts the appeal process in the AFI.
Re-enlistment
Career Advice
Career Counselor
Posted 3 y ago
Responses: 4
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I read down in the part where you explained what happened. You appealed the bar and won your appeal, you're no longer barred. However you are still pending administrative action and are ineligible to reenlist. A bar is something a commander places on someone who is otherwise qualified to reenlist, in order to prevent them from reenlisting. In order to be qualified to reenlist, in every branch, you must not be pending adverse actions. If you overcome your adverse action the commander could still have prevented you from reenlisting by use of the bar. That bar is what you appealed and if you do overcome your adverse actions you will be eligible to reenlist.
While you may be thinking that's not how it works in the Air Force, the Retention process is almost identical in all branches, we even wear the same exact badge. The only difference is the Army offers a lot more options when reenlisting than other branches do
While you may be thinking that's not how it works in the Air Force, the Retention process is almost identical in all branches, we even wear the same exact badge. The only difference is the Army offers a lot more options when reenlisting than other branches do
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TSgt (Join to see)
Copy, but here's the sticky part for the command. Air Force regulations state that once an appeal to a bar of reenlistment is approved, eligibility is restored. The pending adverse action was the basis for the bar. The appeal authority still granted my appeal knowing the adverse action was pending. TDS has stated I should be allowed to reenlist per my appeal and the command still continue the adverse action since the processes are different. The command feels the appeal underminded their adverse action. Not my rules!
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TSgt (Join to see)
My ineligiblity to reenlist due to the pending adverse action is what I appealed and my appeal was granted. The appeal restored my eligibility to reenlist per the Air Force regulations. No one has been able to show a regulation that overrides it
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SFC (Join to see)
TSgt (Join to see) you're really not hearing me.... You can't reenlist while you are pending an adverse action.
But hey, if you are reading it differently and think you're right, file a Congressional complaint. Either you are correct and you'll be able to reenlist or you'll discover you don't understand completely and you won't be able to reenlist. Simple as that
But hey, if you are reading it differently and think you're right, file a Congressional complaint. Either you are correct and you'll be able to reenlist or you'll discover you don't understand completely and you won't be able to reenlist. Simple as that
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TSgt (Join to see)
SFC (Join to see) Copy, yes sir I'm hear you. Thanks for the advice. Before my bar to reenlistment appeal was granted, I also thought a member cannot reenlist while pending adverse action but my command has not been able to provide a policy that's driving that. Do you happen to know the policy by chance?
The Air Force reenlistment policy is pretty clear on what happens after an appeal is granted and makes no mention of adverse actions preventing reenlistment AFTER appeal. The command has not provided a policy that overrides the appeal policy.
The Air Force reenlistment policy is pretty clear on what happens after an appeal is granted and makes no mention of adverse actions preventing reenlistment AFTER appeal. The command has not provided a policy that overrides the appeal policy.
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The RE code is determined by the reason for separation, not the character of separation. According to Army Regulation 601-210 , the Reentry Eligibility (RE) code can only be changed if an incorrect code was entered.
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Ok, so the Commander wouldn't authorize the reenlistment due to a pending action? Was the action he is referring to the appeal or was it something else altogether that hasn't been disclosed in this thread. If there was something else pending that could bar you from reenlistment the Command may be delaying decision until that matter is settled.
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TSgt (Join to see)
Copy that SSgt (appreciate your responses by the way). The Commander got JAG involved so I turned to the ADC (or TDS) for guidance. ADC (or TDS) sees it my way per the AFI but the Commander is still fighting it. It's become a legal mess and I don't understand why. There isn't a second pending admin action, it was just the singular pending admin action that the commander used as the basis for denying my reenlistment. Cool, I addressed that underlying pending action in my appeal and my appeal for reenlistment was granted. The regulations are clear on this but the truth of it is, the Commander doesn't want to abide by the higher level's approval because it undermines the admin action that was pending against me.
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SSgt Christophe Murphy
TSgt (Join to see) - You could petition through IG for assistance but you could also opt to pursue Command Approval by the next level of Command. They would be able to sign off and supercede the Commander pushing back but there could be some stepped toes in the process. Just keep pushing. Common sense will eventually prevail. Just don't let your temper flare. The Commander is dragging this out hoping you make a mistake
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TSgt (Join to see)
Copy that, thanks for the advice. I don't want to step on toes but I don't know what else to do. And the CRAZY thing about this is that the Company Commander is who denied my reenlistment but my appeal went all the way up to the Brigade Commander and he APPROVED my appeal, knowing the Company Commander had a pending admin action on it. This is why it doesn't make sense to me. The Company Commander's authority has been superseded and is still pushing back. Makes no sense
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SSgt Christophe Murphy
If brigade is on board I would push for the reenlistment to make it on that desk. Just keep pushing while being tactful.
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