Does someone need a moral waiver for being charged, but not convicted?

2022-05-06T15:01:30-04:00

So I’ve served four and a half years honorably in the Army National Guard and I’m still currently Guard. I want to transfer and do a conditional release to the Coast Guard. I contacted a recruiter and got vetted only problem is that they asked about criminal record. I said I was charged but not convicted of “simple battery”. The case was “Nolle Pros” or dismissed. The coast guard recruiter says that I’ll need a moral waiver and even if I get one I’m probably disqualified anyway. I find this very hard to believe because I have the Coast Guard recruiting handbook online saying otherwise, that I have to be CONVICTED of the charge and the charge wasn’t even listed on the handbook as a disqualification. Also I have a national security law firm attorney saying otherwise also. Saying there’s no reason they should need a moral waiver for one offense that was dismissed. I’m just looking for extra opinions and thoughts on this because I honestly feel discriminated against, like they are turning me away because they don’t want to open the handbook and see what’s disqualifying or not. Please help

Response by SCPO Private RallyPoint Member made May 6 at 2022 4:01 PM

2022-05-06T16:01:12-04:00

My opinion and thoughts:
I've been retired for many years now but still like to follow what's happening in the Coast Guard. My impression is that the Coast Guard is hurting for recruits right now and if there was ever a time to be granted a waiver (if one is really even necessary) now is the time. I wouldn't exactly call what is happening to you right now as being "discriminated against". You are dealing with a military recruiter just like all of the ones in all of the other military branches... Need I say more?
Are you looking at a recruiting handout available for prospective recruits or an actual up to date copy of the real Coast Guard Recruiting Manual? I read the real manual just now which is dated 7 Aug 2021, (available online) and I did not see any changes posted to the manual since that date. It says that it needs to be a felony conviction or conviction for a serious crime, including assault or domestic violence to disqualify you for enlistment. The way I look at it (I'm not a lawyer) I don't think that your situation is a "dead end" situation. Your good years of National Guard service should help show that you can adapt to the military without problem and give honorable service.
GOCoastGuard.com the official recruiting webstite has a chat option. You could possibly use that to talk about your situation.
You could try to talk to another recruiter. You could request to talk to your current recruiter's supervisor.
I would not give up. Coast Guard Recruiting Command has a chain of command like every other military unit and I would use it to however high that I needed to go if I thought that I was eligible to enlist.
Whoever you talk to be truthful and consistent in your story.
Feel free to ask me anything else about this or the Coast Guard in general. I wish you the best of luck and would like you to let me know how it goes down.

Response by Cpl Vic Burk made May 7 at 2022 8:34 AM

2022-05-07T08:34:25-04:00

SPC Private RallyPoint Member It sounds like this particular recruiter just doesn't want to do the paperwork. Find another recruiter even if you have to drive a hundred miles. There is a big difference between being charged and being convicted and having this conviction on your record. Best of luck to you.

Response by MSG Private RallyPoint Member made May 7 at 2022 12:40 PM

2022-05-07T12:40:03-04:00

Well....part of the issue is that this is all moot since you have to be released from the Guard before you can enlist in USCG. Be that as it may....you should read Chapter 9. Especially the "General" section. That little bit about "Whole Person Concept" is pretty key. If that battery charge was within the last year...then according to the RULE list of Major Misdemeanor...you're going to need a waiver.

Remember, the Recruiter simply submits the waiver request. It's gonna be up to the USCG powers that be that review the waivers to say YAY or NAY. You also have to take into account the experience recruiters have with waivers. After a while, they get a feel for what waivers will be approved or not.

Response by SFC Ralph E Kelley made May 8 at 2022 8:48 PM

2022-05-08T20:48:46-04:00

Most likely he has simply met his quarterly "quota" and want to keep you on the back burner until he needs your enlistment. I knew several Army Reup NCOs the pulled that on some of my soldiers - until I got my commanders (three different units) involved. Of course i could be wrong, he may have simply not read his own service's enlistment policies/pamphlet.
He also could be incompetent