Posted on Jan 3, 2024
SGT Infantryman
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I was just notified that I was DA selected to be a recruiter (leaving for school later this month). I haven’t yet gone through the interview and intake process and no one can give me an answer so hoping for one here. I filed chapter 7 bankruptcy in February 2023 and was discharged in May 2023. I’m aware that the requirements for recruiting is that the bankruptcy be discharged longer than 3 years prior but is it different since I was selected?
Posted in these groups: Recruiting logo RecruitingPreventing bankruptcy tips 2 Bankruptcy
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COL Randall C.
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Edited >1 y ago
Short answer: Yes it can.

To be clear, since you stated you haven't gone through interviews or intake yet, does that mean you are pre-submission of your recruiter qualification packet? You filed for bankruptcy almost a year ago, so quite a bit of time has passed. When were you notified as being DA select for recruiting duty?

By the letter and spirit of the requirement, you're unsuitable to be a recruiter. The entire reason for the "not filed a petition claiming bankruptcy within the last 3 years" is because a USAREC recruiter represents "the Army in civilian communities, all enlisted USAREC Soldiers must have high moral character, emotional and financial stability, outstanding personal appearance and bearing, and a favorable record of service in previous assignments."

While you made it through the selection process, your bankruptcy makes you ineligible according to the screening criteria. Unfortunately, the eligibility as a recruiter is not like the standards of medical fitness - there are a number of medical items that will prevent you from being allowed into the military, but once in, won't cause you to be discharged.

IF you had completed the Army Recruiter Course (ARC), were in your recruiter assignment and then had your bankruptcy, it would be up to the recruiting Battalion Commander to decide. However, you're DA select, but haven't gone though the final process, so you can think of yourself as a "recruiter candidate" right now (no, that's not an official category, but it serves the purpose).

Per AR 601-1* para 2-6d (final processing of nominations and requests for recruiting duty), "For RA CONUS recruiter candidates, the CG, HRC will issue assignment instructions and the local servicing personnel office will provide TDY orders for attendance at the ARC (for overseas returnees, see para 3–2)." and "The Soldier will be advised that HRC completes a background screening on all Soldiers being considered for recruiting duty. Until HRC obtains and evaluates information received, assignment instructions to USAREC will be considered tentative. Background screenings must be finalized and cleared, including ensuring nominee has received a favorable Tier 3 investigation, prior to Soldiers’ attendance at ARC."

Your bankruptcy falls into the category of 'potentially disqualifying' (as opposed to those that are 'absolutely disqualifying' in appendix C of AR 601-1), so when the bankruptcy comes to the attention of HRC (through interviews, background check, etc.), they will make the determination if it will affect your assignment as a recruiter.

If you are soliciting advice, my suggestion is to contact the Recruiting Team* at HRC's Enlisted Military Personnel Division (EMPD) as they are the ones running the show until you pass your background screening. Get their read on how it will impact you because it's going to be a subjective call from them (technically the "CG, HRC" makes the determination, but very likely it's been delegated to the Director, EMPD)

"In addition, the CG, USAREC will review any subsequent reports of potential disqualifiers pertaining to the nominee and submit a recommendation to the Director, HRC EPMD for consideration in deciding whether the candidate should be authorized an exception to policy to begin schooling in the absence of a favorable final background screening determination."
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* AR 601-1 (Assignment of Personnel to Army Recruiting Activities) - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN30357-AR_601-1-000-WEB-1.pdf
* HRC Nominative Assignment's Branch (including Recruiting duty) - https://www.hrc.army.mil/content/Nominative%20Assignments%20Branch
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SGT Infantryman
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I just found out this morning so this is new. Thank you very much for the extensive reply.
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SGM Erik Marquez
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Being DA selected simply means you meet the qualifications and markers set forth for DA selection. That computer program that was run to search out those SM that met the criteria has no way of knowing you recently filed Chapter 7 bankruptcy in February 2023 and may be disqualified to be a recruiter.
That's why there is a qualification packet done by you and a personal interview.

However the pertinent paragraph in AR 601-1 "Be financially stable, have not filed a petition claiming bankruptcy within the last 3 years, and not currently responsible for making any payments as a result of any such action."
This would lead the layperson to come away thinking you should be eligible as it states "have not filed a petition claiming bankruptcy within the last 3 years, and not currently responsible for making any payments" The "and" is the indicator for me you may still be eligible.
Recruiting command will have the final say in how they want to read and interpret the AR, the rest of us are just making educated guesses.
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SGT Infantryman
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Thanks for your response, so far in the process no one seems to be able to give me a straight answer, not even the recruiting command. I’m hoping they can tell me yes or no before I actually leave for school and then end up halfway through school and sent back home because of it.
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