Posted on Aug 31, 2019
SGT Fire Team Leader
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I am in the Guard as an 11 B I just came home from a deployment. My chain of command signed off on a DD368 and I’ve been working on going active. I have only one conviction and it’s simple assault but many other arrests that was dismissed. The recruiter told me it doesn’t look as if I can join. I’m still in the Guard and was federally actived prior to. Is there anything I can do ?
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SPC Nancy Greene
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There are ways to obtain a ‘waiver’ for certain convictions. I would suggest going through your chain of Command first. If you’re not satisfied with their response, then pursue other options. I have read numerous reports regarding the Army’s attempt to retain 11B’s. They are offering re-enlist men’s bonuses! Due to the technical advances, an MOS which was given to soldiers who couldn’t qualify for anything else is NOW one of the most in-demand MOS according to the news from DA HQ. I encourage you to seek out ALL resources and don’t give up because your expertise and commitment are qualities the Army respects! Good Luck!
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SSG Brian G.
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All depends on the the criminal record, the amount and the nature of it. Certain things that are a slap of the wrist in the civilian world but the military views as huge ie drugs. Only convictions count towards anything, arrests with dismissals do not. It may be a case that you need to seek another recruiter.
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Sgt Field Radio Operator
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Information that might help. Many other arrests that were dismissed?

https://www.thebalancecareers.com/us-military-enlistment-standards-3354006
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SGT Fire Team Leader
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Yes I had other charges that were dismissed once it went to court.
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Can I do anything to go active with a criminal record?
SFC Howard Holmes
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I believe the recruiter to be giving you accurate information. Simple Assault is generally a misdemeanor. It all depends on how the final disposition from the court reads. If it is conditional, such as, the charge will remain such for six months, but if you do anything else, you will be charged with Aggravated Battery. That's just an example, but if the other charges were clearly dropped, they cannot be held against you.
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SFC Recruiting Standards Directorate
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Were these charges prior to your enlistment with the Guard?
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SGT Fire Team Leader
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No they were while I was in. My COC was notified by myself every time and I was told by my captain that I had one more chance and then he’d push to discharge me and bar me from re enlisting. I haven’t been in trouble since then.
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SFC Recruiting Standards Directorate
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SGT (Join to see) well, then it will all depend what charges they were and if a waiver is required. If a waiver isn’t required you’re good to go for sure.
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SGT Fire Team Leader
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I was given a waiver but the recruiter says he doesn’t think I’ll be approved. My waiver is missing the incident reports and the sheriff won’t release them to the recruiter or myself without a subpoena. The recruiter said even with the incident reports it doesn’t look good. I just don’t want to stay in the Guard I want to keep serving full time. SFC (Join to see)
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