Will a Congressional inquiry help change an unfavorable moral waiver decision by the Army?

2020-03-12T06:15:05-04:00

I am a prior service Marine who just had a moral waiver denied by the army HRC. I have a RE-1A and all my previous waivers were approved by the Marines before joining. My question is will a congressional inquiry help change this unfavorable decision by the army because there was no reason given on why I was denied, plus the waiver was approved all the way past USAREC. I’m not familiar with this process at all so any information will help?

Response by 1SG Private RallyPoint Member made Mar 12 at 2020 8:01 AM

2020-03-12T08:01:04-04:00

A Congressional inquiry will not change the decision. Prior waivers aren't a guarantee of future waivers.
The Army isn't obligated to provide you a reason.

Response by SSG Private RallyPoint Member made Mar 12 at 2020 8:39 AM

2020-03-12T08:39:42-04:00

Just ask to speak with your recruiters 1SG. You’ll get all the answers you need.

Response by LtCol Robert Quinter made Mar 12 at 2020 8:57 AM

2020-03-12T08:57:36-04:00

Old saying; a CongrInt is better than no mail at all. The only requirement attached to it is the time allowed to give an answer and the info addees on the response.
If the refusal is based upon the facts and current rules citing the situation and the authority usually ends the discussion.

Response by SGM Erik Marquez made Mar 12 at 2020 9:18 AM

2020-03-12T09:18:37-04:00

Sgt Dale Rush "Will a Congressional inquiry help change an unfavorable moral waiver decision by the Army?"

Only if the Army did not follow its own policy in saying no.

If policy and regulations were followed, then no help will come from Congressional inquiry
https://recruiting.army.mil/Portals/15/Army%20Directive%202018-12.pdf

Study the policy update linked above and the regulation that covers waivers ...if you think you see a failure of the Army to follow the directive or the regulation you might have a chance..
Of note, you have NO right to have a waiver processed, a recruiter can simply decide its not worth their time, as could the station commander.

You have no right to an appeal...and dont get caught in the "but that guys waiver for the same conviction was approved" trap.

Each waiver is approved or denied on its own merit, recruiting needs for your specific MOS and grade you would come in as, and...well dont take this the wrong way...but it will also be based on your "value" to the service..

And please dont respond to this part, Im not saying it applies or not to you, just an example ...

Are you a board certified virologist, with published peer reviewed articles in major medical journals, applying for a direct commission to a greatly needed understaffed position ?

Or are you a health male of moderate age, average ASVAB scores, no higher education and meet but do not greatly exceed the entrance standards for your chosen MOS, a only slightly under-strength MOS at that?

Value to the service does not necessarily reflect on you as a person ... but lets face it, you are a commodity being sold to the Army...if the product is not valuable to them, at this moment in time, then exceptions to policy are not likely.

404 - File or directory not found.

Response by SFC Private RallyPoint Member made Mar 12 at 2020 11:06 AM

2020-03-12T11:06:40-04:00

Not at all. A congressional inquiry will only help you when policy is not being followed.
A waiver, by its very nature, is automatically a "No" unless everyone in the chain of approved recommends a "yes'. That means you were never qualified but requested an exception for you.
A congressional inquiry would only apply if you were completely qualified and the Army broke its policy and refused to accept you.

Response by SSgt Private RallyPoint Member made Mar 12 at 2020 11:39 AM

2020-03-12T11:39:06-04:00

Sgt Dale Rush never had much luck w/ Congressional Inquiries in my fight to get back in. Tried w/ my Rep, and both Senators. No dice on any of them, other than the generic letter stating they could do nothing further for me after review of my file.

Response by 1SG Private RallyPoint Member made Mar 12 at 2020 11:42 AM

2020-03-12T11:42:30-04:00

Why don't you try to return to the Corp? You said the waiver was previously approved by them?

Response by Lt Col Jim Coe made Mar 12 at 2020 2:38 PM

2020-03-12T14:38:20-04:00

Office I worked in at the an AF Major Command handled Congressionals. First, let me affirm your absolute right to communicate with your Representative and Senator. Congress people will take your input seriously because constituent support is very important in an election year. Make sure your complaint includes a description of the problem with lots of facts and a proposed solution Congress could implement.

The Congress-person's office will route the complaint to the Service headquarters. That headquarters will usually send the complaint to an agency or major command for resolution. Those organizations will evaluate the complaint and assign it to an officer on their staff. That officer will work on the complaint to develop an answer and coordinate that response with local units, intermediate headquarters, and offices at the major command. Usually, the commander signs out the response to the Congress-person. The Service normally sets a short suspense for a response so the pressure is on the officer assigned to your complaint.

The Congress-person may or may not take your complaint into account when he or she is working on legislation. The Congress-person might make a phone call on your behalf to senior officers in your Service. You have a fair chance of getting a "thank you for your interest in National Defense" response with a handoff to the "appropriate Congressional Committee."

Response by 1SG Private RallyPoint Member made Mar 13 at 2020 8:54 AM

2020-03-13T08:54:46-04:00

The direct answer to your question is probably not. But you can try.
I would say that a little persistence might help your cause. The Army grants waivers because it needs to, not because it wants to. If the station has lots of 1A leads, they aren't going to spend the effort to pursue a waiver for you; but if they are short numbers, good things can happen for you.
Foster a good relationship with that recruiter and you have a puncher's chance of getting that waiver, even if previously denied, in the next quarter.