Posted on Sep 26, 2018
CW2 Platoon Sergeant
15.7K
34
25
2
2
0
My brother went to a recruiter yesterday and was told it would not be possible to join, due to (roughly) 7 years ago where he had a year or two run of multiple DUI's, burglary/larceny charge's downgraded to a deferred punishment. I know it is possible to get a waiver, but is there actually a limit to what is waiverable? I would not even ask if I didn't believe in his character. He has been forced to make significant changes in his life, but he cannot professionally grow in any way currently and would do anything to be able to join.

I am wondering if anyone with some recruiting experience can give me insight to possible solutions to his problem, such as expunging his record via court/lawyer, simply talking to a different recruiter, etc.?
Avatar feed
Responses: 10
Votes
  • Newest
  • Oldest
  • Votes
SFC J Fullerton
9
9
0
Just based on what you have stated, the burglary is a felony, and the larceny may be too depending on the value (based on AR 601-210, not local statutes). Even if the charges were downgraded conditionally based on a deferred punishment, the Army still considers it an "other adverse disposition" and the felony(s) still stands. Add in the 2 DUI's, he is disqualified, no waiver considered. Applicants must declare all charges, and expunged charges still count. As SSG Yax said, his record will show on FBI background checks when his fingerprints are ran, regardless if expunged by local courts or was a juvenile record. The only difference with talking to another recruiter is maybe getting one that will string him along for awhile with false hope that a waiver is "possible", but he still isn't getting in.
(9)
Comment
(0)
SFC Airborne Instructor (Ai)
SFC (Join to see)
7 y
I was about to suggest he refer to 601-210, but you got their first.
(1)
Reply
(0)
SFC Joseph Weber
SFC Joseph Weber
7 y
Unless they changed the rules there was no waivers for two felonies. And no matter what a State considers alcohol related convictions any two were treated as a felony and three were un-waiverable. So a minor in possession and two DUIs would make him permanently DQ'd not even considering any burglary or larceny felonies.
(0)
Reply
(0)
Avatar small
SFC Ralph E Kelley
3
3
0
Edited 7 y ago
There's always the French Foreign Legion if he's looking for a life change by joining a military.
- No pun intended and I am serious.
He better tell them the turth.
If they accept him, it will be because he did tell the true story - about everything.
(3)
Comment
(0)
CW2 Platoon Sergeant
CW2 (Join to see)
7 y
Interesting suggestion. I've never really considered the realistic suggestion of that to anyone. I'll keep it in the back of my head.
(1)
Reply
(0)
SFC Ralph E Kelley
SFC Ralph E Kelley
7 y
(0)
Reply
(0)
CW2 Platoon Sergeant
CW2 (Join to see)
7 y
SFC Ralph E Kelley

Hopefully he can find another alternative as I'm pretty sure that wouldn't be a very family friendly option for his wife and children.
(1)
Reply
(0)
SFC Ralph E Kelley
SFC Ralph E Kelley
7 y
CW2 (Join to see) - True. I was unaware he was married and that stops that option. Legionnaires can marry but not at junior ranks or 1st enlistment. Their wife is the Legion. Sorry.
"During the first five years of service, a legionnaire is banned from marrying. This makes sure there are no problems with adultery, jealousy and/or divorce.
(0)
Reply
(0)
Avatar small
SFC Tactical Network Administrator
1
1
0
Anything and everything can be waived... even a serious criminal history... all depends on the needs of the military and how much work the recruiting station is willing to do
(1)
Comment
(0)
SFC J Fullerton
SFC J Fullerton
7 y
False. Enlistment standards for criminal history and what can be considered for a moral waiver is clearly defined in AR 601-210.
(0)
Reply
(0)
SFC Tactical Network Administrator
SFC (Join to see)
7 y
SFC J Fullerton
You seemed to have glossed over the “needs of the army” comment, and yes, even with current regs things can be waived, again, it all depends on the station, and also WHO is influencing the waiver.
(0)
Reply
(0)
SFC J Fullerton
SFC J Fullerton
7 y
SFC (Join to see) - I didn't gloss over it. Sure, "needs of the Army" does play a part with open/closed categories and waivers, dictated by DA and USAREC. But "Anything and everything can be waived...even serious criminal history"? That is not true. Anything and everything is a pretty broad spectrum of disqualifications. Even in the height of the surge, there was still limitations on what could be waived. What do you mean "it all depends on the station"? Last time I checked, all of USAREC is governed by the same regulation and messages. You probably mean that some recruiters/stations will spend time and energy working disqualified applicants, while others make mission without having to put in the extra time and work on waivers. I am only pointing out that there is a difference between what can be considered for a waiver, and what cannot, based on AR 601-210 and current USAREC Messages. There is disqualified, waiver may be considered, and then there is straight up DQ. Its not, and never will be, "anything and everything".
(0)
Reply
(0)
Avatar small
Avatar feed
How can one join the Army with an extensive criminal record?
Jerry Rivas
1
1
0
The ARMY probably views him as a potential problem child. And they are possibly right.
(1)
Comment
(0)
Avatar small
SFC James Heath
1
1
0
The days when a judge gave a first time offender the option of going to jail or serving in the military are long gone in the past. Thank god.
(1)
Comment
(0)
Avatar small
SSG Recruiter
1
1
0
Continued again.... an expungement seals local records form public eye, not from FBI case history.
(1)
Comment
(0)
Avatar small
SSG Recruiter
1
1
0
... continued.... patterns of misconduct in the past have to be evaluated, all court and police records have to be obtained, interviews with company and battalion waivers, AND due to recent changes in waivers, major misconduct waivers, the applicant MUST score 50+ and the ASVAB. please feel free to DM me if you have any questions.
(1)
Comment
(0)
CW2 Platoon Sergeant
CW2 (Join to see)
7 y
First time on RallyPoint. I'm trying to find a way to message you on your profile, but it only has option to "salute" or "connect."
(0)
Reply
(0)
SSG Carlos Madden
SSG Carlos Madden
7 y
CW2 (Join to see) - Once you're connected, you can message each other.
(2)
Reply
(0)
Avatar small
SSG Recruiter
1
1
0
Multi Major conduct is usually a disqualified. In the processing, any action taken to lessen a charge, is called an “Other adverse disposition” and claims guilt for the original charge.
(1)
Comment
(0)
Avatar small
Jc McGraw
0
0
0
I know when I was talking to the Commander of the MEPS center when going into the Air Force, I told him about a parking ticket I had gotten from the Marshall University police once when I was visiting my wife. I had forgotten all about it, and had to go to the University and pay the fine. Spent numerous days trying to track down the ticket, even having to go to the city police department. No one had a record of it anymore. But it was a real pain to get it cleared.
(0)
Comment
(0)
Avatar small
TSgt Chief Executive Officer (Ceo)
0
0
0
I’m sure your mother loves her criminal son, but multiple DUI’s and burglary/larceny? I wouldn’t want him to have my back.
(0)
Comment
(0)
CW2 Platoon Sergeant
CW2 (Join to see)
7 y
Thank you for your comment, it was very useful.

I understand the general hesitation, as well as the reasoning behind policies avoiding the recruitment of individuals in these circumstances. I do not have high hopes for his situation, and do not disagree with any of the policies currently in place. However, I did say I wouldn't ask if I could not vouch for his character. I'm simply trying to learn from those experienced in this field.

As hard as it may be to argue, I do believe I know him slightly more than you do. That being said, I would happily serve with him in combat. As an Infantryman, I also feel confident in him having mine and my brothers backs. I know it's not quite as dangerous as the medical field in the Air force, so what do I know?

Thank you again for the help!
(0)
Reply
(0)
TSgt A Marne
TSgt A Marne
6 y
Ed8b557d
CW2 (Join to see) - Afghanistan, Pakistan, Syria, Rwanda, Uganda, Kosovo, Saudi Arabia, Kuwait. But what do I know about combat?
(0)
Reply
(0)
TSgt A Marne
(0)
Reply
(0)
CW2 Platoon Sergeant
CW2 (Join to see)
6 y
TSgt A Marne this is 10 months old, and you're still acting petty? You're clearly old enough to know better. What's your point? You're a has-been who has nothing left but trying to hijack conversations to talk about yourself? I just asked a question, and I gave you a much more polite response than you deserved.

Great job taking pictures with a famous general. That's very much something you see fobbits getting to do while the fighters are outside the wire, but what do I know? Sure you seen some pretty rough combat from the T.V. in the DFAC.
(0)
Reply
(0)
Avatar small

Join nearly 2 million former and current members of the US military, just like you.