The Rule for Processing

No Waivers for Domestic Violence Convictions

February 21st, 2010

If you are considering enlistment in the Navy, and you have questionable conduct in your past that includes a charge of domestic violence – this post may answer a few of your questions.

Domestic Violence is incompatible with military service and contrary to the Navy’s core values. If you have been convicted of a felony or misdemeanor crime of domestic violence, you are ineligible for enlistment; however, there are exceptions to the rule, which are discussed below.

If you have a conviction for domestic violence, as defined in Title 18 U.S. Code Sections 921 and 922 as discussed below, you are ineligible for all military service – not just the Navy. Domestic violence offenses may also include, but are not limited to, assault, assault and battery, and disorderly conduct convictions in which the perpetrator and victim meet the conditions of the domestic violence rule. The domestic violence rule must be applied regardless of whether or not you were charged with domestic violence.

Rule: The crime of domestic violence means any crime which includes the attempt or use of physical force or the threat of use of a deadly weapon, where you (the perpetrator) are the:

  1. current or former spouse, parent or guardian of the victim; or
  2. you and victim are parents of a child; or
  3. you cohabitated with the victim as a spouse, parent or guardian; or
  4. you were serving in a role similar to spouse, parent or guardian of the victim.

This rule does not apply to deferred prosecutions, pretrial diversions, or similar alternative dispositions in a domestic violence case. These are not considered convictions for purposes of this rule, but will otherwise require waiver processing. Deferred prosecutions are not the same as deferred or suspended sentences, which are the result of a conviction. All questionable cases will be forwarded to Navy Recruiting Command‘s legal department by recruiting personnel.

Waivers for domestic violence convictions (misdemeanor or felony) are not authorized, per the Lautenberg Amendment to the Federal Gun Control Act of 1968.


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132 Responses to “No Waivers for Domestic Violence Convictions”


  1. NCCM(ret) says:

    Chase,

    I don’t have an answer for you. Based on what you are telling me, the recruiter should have submitted the court records for review at a minimum – unless there is local guidance that restricts certain types of past indiscretions from receiving waiver consideration.

  2. Michael says:

    I got a dv charge that was refused by the DA without any conditions. That was my first and last arrest. I am in the medical field (have a Master’s degree) and would like to join the medical officer branch, but I am concerned because of this one incident I won’t be able to get a secret security clearance that is required for the medical branch of the military. Am I wasting my time trying? Does my arrest disqualify me from getting a secret security clearance? Mike

  3. NCCM(ret) says:

    Michael,

    Use the contact link in the sidebar and provide me more details about your degree and work experience. If your charges were dropped without condition, you shouldn’t have any problem.

  4. James says:

    NCCM,

    By part miracle and part stubbornness I finally got my waiver. I decided to go active…but there werent any open billets yet. Is it possible that theyll change their mind on my waiver status? Granted I do nothing stupid to facilitate that.

  5. NCCM(ret) says:

    James,

    The waiver should be good for as long as the Commanding Officer who signed it is still there or you do something to change your status.

    Congrats!

  6. Michael says:

    I got a dv charge back in feb 07 with my ex wife. I was arrested that night and went to court for it. The case was dropped as a NOLLE PROSEQUI by the Judge. Also i was arrested for driving on a suspended license but wasnt charged with a felony (just a misdemeanor once i came to court with prove of a valid license)…I tried to apply for the NAVY before but got no response back from the recruiter in 09. Now im going through the process again. Do i have a chance of getting a waiver for the DV? What can i do to help them consider me for enlistment?

  7. NCCM(ret) says:

    Michael,

    The driving on a suspended license won’t be much of a problem; however, the DV court records must be evaluated by the legal department for a proper determination.

  8. Michael says:

    reply to NCCM(ret):

    Thanks! I got all of the necessary documents, took the paper ASVAB test and scored a 94 on it, plus turned in my college transcript which shows me completing my AA degree plus credits for my BA degree. My recruiter is sending the documents up to Jacksonville for a waiver review. Hopefully they grant me a waiver so I can start the next process.

  9. nicholas says:

    NCCM(ret), my name is nick i am a 19 yr old male and i am trying to join the marine corps. I talked to a recruiter last year on dec 23 2010. Took the asvab tests in jan scored a 74. And we went from there. I had a few complications along th way due to medical history. The mental and medical history was all cleared up and i was on my way to MEPS in feb, 2011. I get to Meps and my packet already said disqualified due to my medical history. But i passed the physical and the general doctor recommended the medical waivers. I failed the eye test so i had to get a scheduled appt for march 2011. I passed tht but got back to meps and they said i needed another one. Now my recruiter has filed my waivers since then for my eyes and history of asthma. But its taking a while. He said my application was on pending status. I guess tht means we r waiting for a yes or no. But my real question after all that explaining is about domestic violence’s. Say if my waivers do get waived and i get accepted. I have had two juvenile domestic violence’s when i was 16 and 17. One was with my younger brother who was 14 at the time the other was for my stepdad. Both charges were dropped. I was wondering tho tht if i do get accepted will these charges be my next roadblock. I also have had a criminal damaging charge where i kicked a drywall wall in a foster home when i was fourteen. I was in foster care for ten yrs and i had a few runaways awol and incorrigible charges filed by my caseworker which most were dropped and some led to juvenile work detail i have:t had any adult charges whatsoever. I would really appreciate it if u could give me just a little insight about what u think of my situation anything would help. Sorry for all the reading. Sincerely nick.

  10. NCCM(ret) says:

    Nicholas,

    The medical waiver folks don’t put things on hold – you should have had an answer 6 or 7 months ago. The Marine Corps Recruiter should be able to tell you if you are qualified to proceed or not because they should have a determination on the DV charges — he should know if you would be eligible for waiver consideration or not, and you should have been told this months ago.

  11. nicholas says:

    I talk to him weekly. Stuffs just so backed up at bumed.

  12. NCCM(ret) says:

    Nicholas,

    On the bright side, normally, a medical waiver from BUMED will not be requested unless you are determined to be otherwise qualified or have a good chance at receiving required waivers, so there is a good chance the charges have been reviewed already. That said, I have never seen or heard of BUMED being so backed up that it takes nearly 8 months to get an answer – longest I have seen is almost 6 months, and that was back in the day when everything had to be mailed. To follow up, your recruiter should be able to tell you the date your medical records were physically sent to BUMED.

  13. nicholas says:

    Well thats good news to hear. I check up every week he jus says im on pending status. Im gonna get a hold of him today and i’ll post another comment more explaining the situation i know i left out a few key parts . I appreciate it very much thank you. I’ll be back in touch

  14. kristina haro says:

    If a service member of the marine corps was not arrested or formerly charged with DV but their case was taken before a committee and the committee decided it met criteria for domestic violence, how badly will this affect this service member’s re enlistment?

  15. NCCM(ret) says:

    Kristina,

    A committee? What committee?

  16. nicholas says:

    Nccm thanks for the info my ssgt called me with good news and my waivers have been waived thru bumed and im ready to swear in. After 8 months of waiting. Now its time for the backround check i just paid all my juvie court costs and restitutions so now im just waiting for the ok on my charges but ssgt said they were nothing serious i appreciate the input. Thanks sincerely nick.

  17. Kristina Haro says:

    The committee is part of the Community Counseling Center of our base. It is called the Incident Determination Committee. He was not arrested, but just now has “an incidence of domestic violence” on his record, so I was just wondering how badly it would effect his re enlistment if he has a spotless career otherwise.

  18. Sage says:

    I’m looking into joining the Navy through the NUPOC program. I meet all of the prerequisites and am in the process of talking with a recruiter. The only thing I’m afraid that might disqualify me would be a conviction of DV 4 and malicious mischief 3 in a juvenile court 5 years ago. The situation was the accumulation of years of family problems and soon thereafter, my mother, who was the person who claimed I hit her, was convicted for DV 3 and numerous other charges dealing with my dad. I received a 12 month probation, which I served with no issues and my PO even told me I shouldn’t have even been arrested/convicted in the first place. The thing is, though, I was and now I have the records. Will these records prevent me from qualifying for NUPOC? Is there a possibility of getting them waived since they were juvenile convictions resulting around family issues? Please let me know!

  19. NCCM(ret) says:

    Sage,

    I am not versed on the actual waiver possibility for the NUPOC program, I have always believed that if a person had any police involvement there chances would be small.

    As for the DV charge, you court records have to be reviewed by legal.

    I will offer you some advice – in the eyes of the court, you were guilty of the charges – take responsibility for your actions, and avoid blaming others – it is what Leaders do.

  20. NCCM(ret) says:

    Kristina,

    The committee’s findings are not a factor when it comes to the Lautenburg Amendment, so if he is not allowed to reenlist, it won’t be because of that.

  21. Kimberly says:

    I am a woman, I have a domestic violence charge. I took a guilty plea because I was incarcerated and couldnt post bond and had a 5 month old child at home with my ex. He and I were fighting. He had hit me in the past, has charges for hitting me when i was pregnant. When we were fighting he had already hit me but his mother called the cops and was a witness for him. I needed to be able to take care of my little girl and be back with her so i said id take whatever so I could be with her faster. It was a misdemeanor charge. He and I are no longer together havent been for a while. I got smarter. But I guess there is NO WAY for them to waive this??? If there is at all could you please let me know. His mother was witnessing for him and I had noone there. It was bullshit. So now I am screwed.

  22. NCCM(ret) says:

    Kimberly,

    You may or may not be finished. Your court records must be reviewed by Navy Recruiting legal to determine if you can be considered, and if so, what the level of waiver authority; however, assuming you are a single parent, you would not be eligible for active duty if you have custody of a child (you could pursue the Navy Reserve).

    See these pages for more information;
    http://www.navycs.com/blogs/2009/01/24/navy-dependent-definition
    http://www.navycs.com/blogs/2011/01/07/navy-dependency-waiver

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