What are my options for rejoining the military if my waiver for driving while ability impaired is denied?

PFC Marquesas Joseph — Sun, 27 Sep 2020 14:40:59 -0400

A bit of background, got out of the service a while ago. Since then, I had 1 misdemeanor. A driving while ability impaired. All of my fines are paid and the case is closed. I have been in contact with my recruiter, and he has been a huge help. They recently took finger prints and are currently running my background check. My recruiter recently brought up that I would need a waiver for my DWAI, and that there's a chance that it could be denied. If that happens, what are my options?

Response by SSG Brian G. made Sep 27 at 2020 3:03 PM

SSG Brian G. — Sun, 27 Sep 2020 15:03:41 -0400

If they deny your waiver then you can wait and try again. or try another service. You can appeal it, I think but you need to speak with your recruiter on this.

Response by SSG Robert Ricci made Sep 27 at 2020 3:14 PM

SSG Robert Ricci — Sun, 27 Sep 2020 15:14:34 -0400

If your waiver is denied you will not be able to join. Officially, you are not allowed to join the military if you have any kind of DUI conviction on your record. This is true for all branches of the United States Armed Forces. The U.S. military has a long tradition of excluding individuals with substance abuse problems.

Response by MSG Private RallyPoint Member made Sep 27 at 2020 4:27 PM

MSG Private RallyPoint Member — Sun, 27 Sep 2020 16:27:38 -0400

If you got a DUI, then I would suggest you be prepared to have the waiver denied and your ability to rejoin nixed. Not saying it's 100% not going to happen, but the odds are not in your favor.

Response by SPC(P) Private RallyPoint Member made Sep 27 at 2020 5:53 PM

SPC(P) Private RallyPoint Member — Sun, 27 Sep 2020 17:53:03 -0400

I would say try a different branch.

Response by SGT Eric Davis made Sep 27 at 2020 6:32 PM

SGT Eric Davis — Sun, 27 Sep 2020 18:32:20 -0400

If you have a DUI and you are denied then try to get your record expunged!

Response by SGM Erik Marquez made Sep 27 at 2020 7:47 PM

SGM Erik Marquez — Sun, 27 Sep 2020 19:47:58 -0400

Waivers approved or not is based generally on two things.
The seriousness of the reason for the waiver and the needs of the service.
As needs go up, applicants that need a waiver getting approved go up
As needs go up further, applicants that need a waiver for a more serious event go up
and the reverse is also true.
Additionally, and please don't respond as its not needed, personal info. But driving while ability impaired depending on the state has more than a few possible reasons, from ones that could easily get a granted waiver ( I took benadryl and did not know it would make me as drowsy as it did, I fell asleep at an intersection, foot went off the brake and I crashed into a car) to waiver reason much less likely to get you approved. (I was high and they knew it, but since they did not find drugs in the car I only got hit with a DWAI)

Whatever your waiver need is for, it will play on if it gets approved.

Response by CSM Darieus ZaGara made Sep 28 at 2020 5:31 AM

CSM Darieus ZaGara — Mon, 28 Sep 2020 05:31:41 -0400

You will not likely get a waiver. Ne prepared to hear no. If you do it will be an outside shot. Good luck.

Response by CPL Patrick Holbrook made Sep 28 at 2020 7:34 AM

CPL Patrick Holbrook — Mon, 28 Sep 2020 07:34:45 -0400

I am guessing this is an MOS that requires a clearance? Several, things are looked at to make a determination of suitability. Among them are: (1) The nature of the position for which the person is applying or in which the person is employed;

(2) The nature and seriousness of the conduct;

(3) The circumstances surrounding the conduct;

(4) The recency of the conduct;

(5) The age of the person involved at the time of the conduct;

(6) Contributing societal conditions; and

(7) The absence or presence of rehabilitation or efforts toward rehabilitation.

Same general rules apply GOV, Civilan, and Military seeking clearances. Important thing to remember is do not lie, being completely truthful and open about your background to any investigator. Mitigating factors are considered youthful indiscretion, is this part of a pattern of behavior or a one time occurrence unlikely to happen again, how serious the conduct was ie. someone that killed someone while drinking and driving, how long ago was the conduct, and was there efforts to right the wrong. After, this should someone receive a negative than they can appeal.

Response by CPL Patrick Holbrook made Sep 28 at 2020 7:48 AM

CPL Patrick Holbrook — Mon, 28 Sep 2020 07:48:09 -0400

DWAI is not necessarily, absent other factors, a disqualification for a security clearance. Only misdemeanor that would be an automatic disqualification is a charge of domestic violence, due to the firearm requirement of the military. Make no mistake all convictions and criminal investigations are taken seriously however the GOV concern is the threat or risk a recruit poses. Hope this makes sense, you shouldn’t have anything to worry about so long as you’re truthful and don’t do it again.

Response by SSG Private RallyPoint Member made Sep 28 at 2020 9:07 AM

SSG Private RallyPoint Member — Mon, 28 Sep 2020 09:07:38 -0400

The Army just released new guidance on waivers. The waiver authority for a case like this is going to be an O5 at a recruiting Bn level. I think you got a good chance if you can articulate your situation and how you've improved since.

Response by SSG Dennis Mendoza made Sep 28 at 2020 9:13 AM

SSG Dennis Mendoza — Mon, 28 Sep 2020 09:13:11 -0400

So back in 2007 my second time in active duty, I came back in and at that time I had four misdemeanors which I still do haven't been in trouble ever again. I needed a more waiver for all the misdemeanors. Now that's fast forward to 2017 when I came back in for a third time the recruiters thought I needed a waiver but because the waiver got approved in 2007 I was fine to come back in the recruiter I was working with in Montana helped me out a lot and she did say if I need a moral waiver there's a possibility that it might get denied but my misdemeanors were over 12 years old. Only thing I could tell you be positive, sincere, and honest when you interview with the commander.

Response by MAJ Byron Oyler made Sep 28 at 2020 5:09 PM

MAJ Byron Oyler — Mon, 28 Sep 2020 17:09:34 -0400

So every male in their teens to middle 20s fucks up and is more common than not. Moving forward, look at what you did and what you are doing now. I made many mistakes when in my 20s but when it came time to apply to the Army Nurse Corps, I had grown and offered the Army something they really needed in 2003. If you get denied now, is it permanent or temporary denial for your previous action and if you really want to come back in and can, what are you doing to show the government we need you? If you get a no on something today than is not a life long disbarment, keep working to improve to that person the military needs and we always have needs.

Response by PFC Rayshad Washington made Sep 30 at 2020 7:24 PM

PFC Rayshad Washington — Wed, 30 Sep 2020 19:24:26 -0400

I didn’t reenlist because they couldn’t get me an electrical mos but just stay out of trouble and be patient and always have a back up plan try other branches or the sealift command.

Response by PFC Marquesas Joseph made Oct 31 at 2020 10:02 PM

PFC Marquesas Joseph — Sat, 31 Oct 2020 22:02:51 -0400

This is going to be a long one and it may come off a little preachy- If you haven't read my previous post this is a link for it below, here is the url as well:
https://www.rallypoint.com/answers/what-are-my-options-for-rejoining-the-military-if-my-waiver-for-driving-while-ability-impaired-is-denied?page=2&urlhash=6360488

Just an update for all that have responded to the original post:
As of now I have been told that my offense is not waiver-able. I haven't been able to get a hold of the recruiter I had originally was working with. Not a big loss as after my background check he basically started ghosting me. The NCO that had been looking into my circumstances wasn't reaching out to me either. I finally just showed up at the recruiting office. Per the Sergeant in the recruiting office: DUI/DWAI is considered treated as a lesser felony per a USAREC message that went out earlier this year.The Sergeant tried to pull up the milper message but conveniently couldn't find it. He showed me the regs, and said that they were not labeled correctly and sent me on my way. The guy also said I could "try and go through a different meps". That didn't necessarily make any sense for multiple reasons, the biggest and most obvious reason being that if that is regulation it wouldn't matter where I went I would get the same answer. Just out of sheer curiosity, I called another recruiter, we'll call him 2 just for simplicity sake, at a recruiting station an hour or two away from me and told him my story. He said he had put in others with DUI and prior service, and got my info said he would get back to me in 20 minutes. Three or so days later, I heard nothing. I called the station back, and guess who picks up? 2 of course. He sounded surprised and a bit embarrassed to hear from me. Apparently 2 had "lost" my info, and had no way of reaching back out to me. His words about my situation: We can't do it, sorry. NO explanation or anything. All this being said, I'm pretty frustrated. At this point, everyone I know currently in said they haven't heard anything about this, and one even said there was a memo that came out last month that contradicts everything these recruiters told me.

At this point, I understand I've made a mistake that will stick with me for the rest of my life. I've done my service in the eyes of the law, I've paid for my mistake in ways that still haunt me to this day. I have no illusions as to what I am, I realize I'm not the ideal recruit. If this means that right now the military is not an option, I will accept that. The regs change, and maybe I can try again another time. However, I want to make sure I have exhausted every resource I have to know that I did everything I could to get back to serving my country. I will keep looking into it, this isn't just about serving again. It's about figuring out what the truth is.

If anyone has any productive input or insight, I would very much appreciate it.

Thanks to all of you

What are my options for rejoining the military if my waiver for driving while ability impaired is...