Question by Taya: Wrongful Erroneous Discharge (US Navy)?
My question is: Is it possible to re enlist in the Navy after wrongfully being given an Erroneous Discharge (ELS)?
Please only helpful answers. Keep in mind my intentions are not to call anyone a liar nor insult the RTC medical staff.

Here’s a some insight on my situation.

I was given an ELS but it was noted as Erroneous, meaning I lied about a pre existing condition. Which is completely untrue! After reaching 6-5 day of training and completing my final PFA I was given a FFI for not being able to walk the final lap. Even though I had passed the exam. 3 weeks prior to this I was released from RCU after rehabilitating from a weird knee pain which the doctor described as Patellofemoral Syndrome. Apparently common within female recruits even though they had no prior problems/knowledge with it, but is not disqualifying (which is why my doctor hadn’t discharged me at that point). He told me to either deal with the pain until PIR or go to RCU to rehabilitate. I chose RCU and made it back to a division 2 weeks later.

After my new doctor read in my file that earlier in training I was sent to RCU for the same problem, he as well reccommended to rehabilitate but for 12 MONTHS this time or go home and do the same thing. I chose to go home with the intentions of re enlisting. The doctor told me that with a waiver I’d have no problem with this. He even reccomended that I attend college while I was out to come back as a higher rank.

Finally, a year later. After several doctors appointments (all documented saying that this “pre existing medical condition” doesn’t exist), I am finally able to re enlist; only to find out I was discharged with the wrong code. My recruiter told me what would have to be done in order to be able to re enlist but I was wondering if anyone has any experience with this same problem and if so, did it work out in your/their favor?
Oh, my apologies. But that is also untrue. If what I was “diagnosed” with is not disqualifying, then how would I have not been able to enlist in the first place? I’m still confused by that. The code on my DD-214 reads RE-3E JFC.

Best answer:

Answer by BoatsBM1
“I was given an ELS but it was noted as Erroneous, meaning I lied about a pre existing condition.”

That is not true.

The “Erroneous” in this case means that you had a condition that if it had been known about, you would not have been allowed to enlist into any military branch, hence enlisted in “Error”.

Heck, there have been cases of where a person disclosed a condition, got a waiver, shipped to RTC and still was given a Erroneous code, because the Med Dept at RTC decided they should not have gotten the waiver.

Standards of Medical Fitness
AR 40-501
Chapter 2
Physical Standards for Enlistment, Appointment, and Induction

2–11. Miscellaneous conditions of the extremities

a. Current or history of chondromalacia (717.7), including, but not limited to chronic patello-femoral pain syndrome and retro-patellar pain syndrome, chronic osteoarthritis (715.3) or traumatic arthritis (716.1) does not meet the standard.

If you had known about the condition and had not disclosed it and it was found later, you would have gotten a “Fraudulent” discharge type SPD code and a RE-4 or perhaps a RE-8 code, but of course still the ELS type discharge.
———————————
What SPD code and RE code did you get?

SPD code of JFC–ERRONEOUS ENTRY (OTHER)
Erroneously enlisted, reenlisted, extended, or was inducted into a Service component (not related to alcohol or drug abuse).
With this one you could/should have gotten one of RE-3E, RE-4 or RE-8

SPD code of JDA–FRAUDULENT ENTRY
Procured a fraudulent enlistment, induction, or period of military service
through deliberate material misrepresentation, omission, or concealment (not related to drug or alcohol abuse.).
———————————
“The code on my DD-214 reads RE-3E JFC.”

RE-3E Inducted/Enlisted/Extended/Reenlisted in error.
SPD–JFC explained above.

So no error was made in regards to your discharge.

The RE-3E is a waiverable code BUT it is up to you to prove that the condition does not exist and hope that a recruiter is willing to work with you on it. Is your originial recruiter still available? See if he is willing to work with you on a possible waiver but don’t hold your breath.

Provide copies of ANY and ALL records related to any doctors that have seen you since your discharge. NOT just a simple letter from them stating in their opinion that you are qualified to enter the military, as that simple opinion holds little to no weight with the military/Navy.

Again, don’t hold your breath and have a plan B.

Good luck

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