Posted on Mar 3, 2021
PO2 Yeoman
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This is a bit nuanced but can waivers/ETP's get approved for a Misdemeanor Marijuana and Drinking Underage offense from 2009?

Background: I am currently AD E-5 Navy; approved dd368 conditional release from the Navy to go Army OCS. Bachelors (3.1) & Masters (3.4). Yearly evals are high; several awards and accolades in 8 years of service (earned master's mid-service). I currently hold a secret clearance with the Navy, haven't been NJP'd and have the Good Conduct Medal (X2). ASVAB is 82 (GT = 118). Good Fitness scores; 80 push ups, 87 sit ups, and 14:27 2-mile run (at age 30). I was a college athlete and messed around too much in college, thus I was arrested twice in 2009.

I touched base with a local army recruiter 6 weeks ago. I told him that I had two arrests from 2009 while I was in college. He said that it wouldn't be a problem and we started building my package to prepare for the June OCS board. I was at the office today to run the PT Test and he tells me that I can't board with my charges from 2009 since I paid court fees and did community service. He then tells me that I can enlist alternatively. His 1st SGT comes out and tells me the same thing by pushing the enlisting option and that it wouldn't be guaranteed to keep my E-5 rank. I pressed about requesting a waiver for OCS and they said it wouldn't be possible. I definitely understand policy is policy, but I'm also under the impression that the recruiter may only get credit for enlisted contracts vs OCS ones (maybe I'm wrong, that's just what I've gauged from searching this site).

I won't argue with policy if it's a hard no for a waiver. I'm not whining and I know the Army owes me nothing. I own my mistakes from 2009 and have no excuse for it other than being a stupid 18 year old. Nonetheless, should I see another recruiter or would it just be a waste of time? Having worked with recruiters for the Navy, I am aware how some operate and how quotas work under time constraints. Not sure if the answer would be the same with another recruiter; I just found it odd that when I made initial contact 6 weeks ago, I immediately brought up my red flags and he assured me it wouldn't be an issue. I was hoping that after nearly 12 years since the misdemeanor arrests, solid Naval service, good conduct, and a master's degree I would have a leg to stand on when requesting a waiver. The recruiter and 1st SGT told me to think about enlisting and follow up with them in a few days.

If getting a waiver isn't possible for Army OCS, I'll probably just stay enlisted in the Navy and pursue a commission with them instead.

Any insight from the community that has knowledge of situations like this would be very welcomed.
Edited 1 mo ago
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Responses: 8
LTC Self Employed
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Just make sure you have your navy basic noncommissioned officer school certificates and 1059.
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SFC Casey O'Mally
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OK so.... if there was no possibility of a waiver being approved, then there wouldn't be a waiver process in the first place. That recruiter may have experience and a better feel for whether it will be approved. If they tell you they will submit, but don't get your hopes up, that is OK. But if a recruiter is refusing to submit a waiver because they "know it will be denied" go find a new recruiter. Period.

Never accept "no" from someone who does not have the authority to say "yes." The recruiter does not approve waivers, therefore don't let them deny one.
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LTC Self Employed
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When I was in, National Guard were paid E6 and OCS and army reserve were paid E5. When I was in, National Guard were paid E6 and OCS and army reserve were paid E5. Not sure if everybody is The same paygrade during officer candidate school.
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