Enlistment into the military and relevant waivers

ENLISTMENT WAIVERS – What an important consideration and there is a process for those with medical issues or misconduct.   Hopefully this helps and contact the retired and still-serving Sergeants/ NCOs and retired Judge Advocates at our firm for a more in depth review of your goals.

Recruiting and Enlistment Waivers for Medical and Misconduct

You can do the research yourself.  No secrets here just make sure to put your best foot forward and have probation officers, character witnesses and/or victims willing to provide more details.

The Department of Defense Instruction (DODI) governs the waiver process:  https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130426p.pdf?ver=2018-10-26-085822-050

Here are some excerpts from the DODI and note that there are different standards for enlistment and for Officer Candidate School:

WAIVER REQUIREMENTS. In accomplishing whole person reviews of enlistment eligibility, the following categories and combinations of categories would require a favorable waiver determination by the Secretary of the Military Department concerned for the applicant to be considered qualified.

Medical Waiver. A medical waiver is required for enlistment qualification of an applicant who has or may have had a disqualifying medical condition in accordance with Reference (h).

Dependent Waiver. A dependent waiver is required when an applicant is married with more than two dependents under the age of 18 or when an applicant is unmarried and has custody of any dependents under the age of 18.

Conduct Waiver. In processing conduct waiver requests, the Military Services may require information about the “who, what, when, where, and why” of the offense in question; and letters of recommendation from responsible community leaders, such as school officials, clergy, and law enforcement officials, attesting to the applicant’s character or suitability for enlistment.

There are a list of offenses in the DODI.  Waivers are not authorized for cases noted in Enclosure 3, paragraph 2.h(3).

(1) A Conduct Waiver is required when the final finding of the courts or other adjudicating authority is a conviction or other adverse adjudication of:

(a) One “major misconduct” offense, or;

(b) Two “misconduct” offenses, or;

(c) A pattern of misconduct.

1. One “misconduct” offense and four “non-traffic” offenses. 2. Five or more “non-traffic” offenses. (2) Use the Table of this enclosure to determine the appropriate level of offense and applicable code. See section 2 of this enclosure for additional guidance. d. Drug Waiver. A drug waiver is required when an applicant or enlistee is confirmed positive for the presence of drugs at the time of the original or subsequent physical examination (i.e., tests positive on the DAT at a MEPS or equivalent facility). Drug waivers for these applicants may be considered and granted or rejected only after the disqualification period established in section 6 of Enclosure 7 of DoDI 1010.16 (Reference (l)) ends. DoDI 1304.26, March 23, 2015

2. CLASSIFYING CONDUCT OFFENSES. The procedures that will be used in the classifying and coding of all conduct offenses are:
3. Initial Classification. Align the offense that is the subject of adverse adjudication with an offense from the Table of this enclosure. As an exception, any offense classified as a felony under State or federal jurisdiction will be treated as a major misconduct offense for DoD purposes regardless of where similar charges are listed.
4. Non-Similar Offenses. If unable to find a similar charge, the Military Services will:

(1) Treat the offense as a major misconduct offense if the adjudicating authority can impose a maximum period of confinement that exceeds 1 year.

(2) Treat the offense as a misconduct offense if the adjudicating authority can impose a maximum period of confinement that exceeds 6 months but is not more than 1 year.

(3) Treat all other offenses as either other non-traffic offenses or traffic offenses, depending on the nature of the offense.

Waiver authorities and consideration for misconduct offenses identified in DODI 1304.26 are withheld to the recruiting battalion commander or State Adjutant General for the ARNG. Any single misconduct offense listed in DODI 6130.03, Enclosure 4, that results in a court sentence of a fine of $500 or more or any confinement will be withheld to the DMPM

The Army waiver authority for any single serious misconduct and major misconduct offenses in DODI 6130.03, Enclosure 4, is withheld to the DMPM. This includes a positive drug or alcohol test at the MEPS. Any other drug related incident not involving a medical diagnosis will be treated as misconduct.

Waiver authorities and consideration for misconduct offenses identified in DODI 1304.26 are withheld to the recruiting battalion commander or State Adjutant General for the ARNG. Any single misconduct offense listed in DODI 6130.03, Enclosure 4, that results in a court sentence of a fine of $500 or more or any confinement will be withheld to the DMPM.

Importantly, “any applicant with a State or Federal conviction, or a finding of guilty in a juvenile adjudication, for a felony crime of rape, sexual abuse, sexual assault, incest, any other sexual offence, or when the disposition requires the person to register as a sex offender, will not be considered for a waiver. Any applicant with a conviction qualifying under sections 922(d) (9) and 922(g) (9) of Title 18, United States Code, will not be granted a waiver for entrance into Military Service.”

Table. Conduct Waiver Codes

TRAFFIC OFFENSES OFFENSE CODE OFFENSE TITLE 100 Bicycle ordinance violation. 101 Blocking or retarding traffic. 102 Contempt of court for minor traffic offenses. 103 Crossing yellow line; driving left of center. 104 Disobeying traffic lights, signs, or signals. 105 Driving on shoulder. 106 Driving uninsured vehicle. 107 Driving with blocked vision and/or tinted window. 108 Driving with expired plates or without plates. 109 Driving with suspended or revoked license. 110 Driving without license. 111 Driving without registration or with improper registration. 112 Driving wrong way on one-way street. 113 Failure to appear for traffic violations. 114 Failure to comply with officer’s directive. 115 Failure to have vehicle under control. 116 Failure to signal. 117 Failure to stop or yield to pedestrian. 118 Failure to submit report after accident. 119 Failure to yield right-of-way. 120 Faulty equipment such as defective exhaust, device, tail pipe, or windshield wipers. horn, lights, mirror, muffler, signal device, steering 121 Following too closely. 122 Hitchhiking. 123 Improper backing such as backing into intersection or highway, backing on expressway, over crosswalk. or backing 124 Improper blowing of horn. 125 Improper passing such as passing on right, passing in no-passing zone, passing stopped school bus, or passing pedestrian in crosswalk. 126 Improper turn. 127 Invalid or unofficial inspection sticker or failure to display inspection sticker. 128 Jaywalking. 129 Leaving key in ignition. 130 Leaving scene of accident (when not considered hit and run). 131 License plates improperly displayed or not displayed. 132 Operating overloaded vehicle. 133 Racing, dragging, or contest for speed. 134 Reckless, careless, or imprudent driving (considered a traffic offense when the fine is less than $300 and there is no confinement). Court costs are not part of a fine. 135 Reserved for future use. 136 Seat belt and/or child restraint violation. 137 Skateboard, roller skate, or inline skate violation. 138 Speeding. 139 Spilling load on highway. 140 Spinning wheels, improper start, zigzagging, or weaving in traffic. 141 Violation of noise control ordinance. 142 Other traffic offenses not specifically listed. 143 Reserved for future use. 144 Reserved for future use. DoDI 1304.26, March 23, 2015 Table. Conduct Waiver Codes, continued Change 3, 10/26/2018 14 ENCLOSURE 4 NON-TRAFFIC OFFENSES OFFENSE CODE OFFENSE TITLE 200 Altered driver’s license or identification. 201 Assault (simple assault with fine or restitution of $500 or less and no confinement). 202 Carrying concealed weapon (other than firearm); possession of brass knuckles. 203 Check, worthless, making or uttering, with intent to defraud or deceive (less than $500). 204 Committing a nuisance. 205 Conspiring to commit misdemeanor. 206 Curfew violation. 207 Damaging road signs. 208 Discharging firearm through carelessness or within municipal limits. 209 Disobeying summons; failure to appear (other than traffic). 210 Disorderly conduct; creating disturbance; boisterous conduct. 211 Disturbing the peace. 212 Drinking alcoholic beverages on public transportation. 213 Drunk in public. 214 Dumping refuse near highway. 215 Failure to appear, contempt of court (all offenses except felony proceedings). 216 Failure to appear, contempt of court (felony proceedings). 217 Failure to stop and render aid after accident. 218 Fare and/or toll evasion. 219 Harassment, menacing, or stalking. 220 Illegal betting or gambling; operating illegal handbook, raffle, lottery, or punchboard; cockfighting. 221 Indecent exposure. 222 Indecent, insulting, or obscene language communicated directly or by telephone to another person. 223 Jumping turnstile (to include those States that adjudicate jumping a turnstile as petty larceny). 224 Juvenile adjudications such as beyond parental control, incorrigible, runaway, truant, or wayward. 225 Killing a domestic animal. 226 Littering. 227 Loitering. 228 Malicious mischief (fine or restitution of $500 or less and no confinement). 229 Pandering. 230 Poaching. 231 Purchase, possession, or consumption of alcoholic beverages or tobacco products by minor. 232 Removing property from public grounds. 233 Removing property under lien. 234 Robbing an orchard. 235 Shooting from highway. 236 Throwing glass or other material in roadway. 237 Trespass (non-criminal or simple). 238 Unlawful assembly. 239 Unlawful manufacture, sale, possession, or consumption of liquor in public place. 240 Unlawful use of long-distance telephone calling card. 241 Using or wearing unlawful emblem and/or identification. 242 Vagrancy. 243 Vandalism (fine or restitution of $500 or less and no confinement). 244 Violation of fireworks laws. 245 Violation of fish and game laws. 246 Violation of leash laws. 247 Violation of probation. 248 Other non-traffic offenses not specifically listed. 249 Reserved for future use. DoDI 1304.26, March 23, 2015 Table. Conduct Waiver Codes, continued Change 3, 10/26/2018 15 ENCLOSURE 4 MISCONDUCT OFFENSES OFFENSE CODE OFFENSE TITLE 300 Aggravated assault, fighting, or battery (more than $500 fine or restitution or confinement). 301 Carrying of weapon on school grounds (other than firearm). 302 Concealment of or failure to report a felony. 303 Contributing to delinquency of minor. 304 Crimes against the family (non-payment of court-ordered child support and/or alimony). 305 Criminal mischief (more than $500 fine or restitution or confinement). 306 Criminal trespass. 307 Desecration of grave. Domestic battery and/or violence not considered covered by section 922 of Title 18, U.S.C. 308 (Reference (m)), referred to in this issuance as the “Lautenberg Amendment.” Driving while drugged or intoxicated; driving while ability impaired; permitting driving under the 309 influence. 310 Illegal or fraudulent use of a credit card or bank card (value less than $500). 311 Larceny or conversion (value less than $500). 312 Leaving scene of an accident or hit and run. 313 Looting. 314 Mailbox destruction. 315 Mailing of obscene or indecent matter (including e-mail). 316 Possession of marijuana or drug paraphernalia. 317 Prostitution or solicitation for prostitution. Reckless, careless, or imprudent driving (considered a misdemeanor when the fine is $300 or more 318 or when confinement is imposed; otherwise, considered a minor traffic offense). 319 Reckless endangerment. 320 Resisting arrest or eluding police. 321 Selling or leasing weapons. 322 Stolen property, knowingly receiving (value less than $500). 323 Throwing rocks on a highway; throwing missiles at sporting events; throwing objects at vehicles. 324 Unauthorized use or taking of a vehicle or conveyance from family member; joy riding. 325 Unlawful carrying of firearms or carrying concealed firearm. 326 Unlawful entry. Use of telephone, Internet, or other electronic means to abuse, annoy, harass, threaten, or torment 327 another. 328 Vandalism (more than $500 fine or restitution or confinement). 329 Willfully discharging firearm so as to endanger life; shooting in public. 330 Other misconduct offenses not specifically listed. 331 Reserved for future use. 332 Reserved for future use. DoDI 1304.26, March 23, 2015 Table. Conduct Waiver Codes, continued Change 3, 10/26/2018 16 ENCLOSURE 4 MAJOR MISCONDUCT OFFENSES OFFENSE CODE OFFENSE TITLE 400 Aggravated assault; assault with dangerous weapon; maiming. 401 Arson. 402 Attempt to commit a felony. 403 Breaking and entering with intent to commit a felony. 404 Bribery. 405 Burglary. 406 Carjacking. 407 Carnal knowledge of a child. 408 Carrying of weapon on school grounds (firearm). 409 Check, worthless, making or uttering, with intent to defraud or deceive (over $500). 410 Child abuse. 411 Child pornography. 412 Conspiring to commit a felony. 413 Criminal libel. 414 Domestic battery and/or violence as defined if applicant was convicted of this offense.) in the Lautenberg Amendment. (Waiver not authorized 415 Embezzlement. 416 Extortion. 417 Forgery, knowingly uttering or passing forged instrument (except for altered identification cards). 418 Grand larceny or larceny (value of $500 or more). 419 Grand theft auto. 420 Hate crimes. 421 Illegal and/or fraudulent use of a credit card, bank card, or automated card (value of $500 or more). 422 Indecent acts or liberties with a child; molestation. 423 Indecent assault. 424 Kidnapping or abduction. 425 Mail matter; abstracting, destroying, obstructing, opening, secreting, stealing, or taking (not including the destruction of mailboxes). 426 Manslaughter. 427 Murder. 428 Narcotics or habit-forming drugs, wrongful possession or use (not including marijuana). 429 Negligent or vehicular homicide. 430 Perjury or subornation of perjury. 431 Possession or intent to use materials in a bodily harm or destruction of property. manner to make a bomb or explosive device to cause 432 Public record; altering, concealing, destroying, mutilating, obligation, or removing. 433 Rape, sexual abuse, sexual assault, criminal sexual abuse, incest, or other sex crimes. (See Section 2.h.(3) of Enclosure 3 of this instruction; waivers for these offenses are not authorized.) 434 Riot. 435 Robbery (including armed). 436 Sale, distribution, or intent). trafficking of cannabis (marijuana) or any other controlled substance (including 437 Sodomy (only when it is nonconsensual or involves a minor). 438 Stolen property, knowingly received (value of $500 or more). 439 Terrorist threats (including bomb threats). 440 Violation of civil rights. 441 Other major misconduct offenses not specifically listed. 442 Reserved for future use. 443 Reserved for future use.