May 23rd, 2010
A couple of years ago, the Department of Defense (DOD) decided to try and make the waiver report uniform across all the military recruiting organizations. Previously, each service had their own way of reporting; as an example, what may have been called a misdemeanor by the Navy may have been ruled in a different category by the Marine Corps. Making the changes forced the Navy to change some of the terminology and limits of what is waiverable for enlistment to meet the DOD’s requirements. As an example of just the terminology updates, Minor Misdemeanors are now called Non-Traffic offenses, and a Felony is now considered a Major Misconduct. Also changed, was the various combination of charges that could be waived. Because of the consolidation of reporting rules, this guide should be in-line with all the military branches’ waiverable requirements.
I have been trying to avoid posting about this topic because of the numerous factors that go into a waiver determination, but because of all the email questions I do receive, police involvement and how it may have hurt enlistment opportunities must be the most common, and the most difficult to answer, I decided to give it a go. You see, just because a charge or group of charges is waiverable, it DOES NOT mean that you will get a waiver. This guide shows the waiver authority, but remember, anyone in the chain can decide not to have your waiver reviewed, and could disapprove it on the spot. Yes, even your Recruiter can decide not to process you.
Many factors beyond the type and number of offenses are used to determine eligibility, and they include, but are not limited too, your education status, ASVAB score, references from employers, community involvement (not court mandated community service), and more. This guide addresses basic enlistment only, and does NOT delve into the additional waivers you may require for a specific Navy job you are seeking; or, if your crimes involved physical violence, alcohol involved driving, multiple drug related offenses, drug use, domestic violence, or sex related crimes.
Remember, a waiver is only required because the circumstance being waived is disqualifying without one. Many people do not make it through the waiver process – in my experience, most of those disapproved were a result of the person being disrespectful, almost thought the process to be a waste of time. Also, during the waiver process, people would blame someone else for the charges, refused to take ownership of their past indiscretions. My best advice; be humble and man-up.
Why are moral waivers completed? The waiver process is a filter to prevent enlistment of persons whose social habits are a threat to unit morale and cohesiveness while allowing those who may have made a couple of prior indiscretions, but still have a good potential to serve.
Some important definitions:
- Adjudicated
- “The completion of a legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved.” For the purposes of enlistment, if your charges are disposed with ANY condition, it will be considered a guilty finding and will be subject to, if otherwise qualified/required, a waiver by the proper approval authority. Example; a prosecutor tells you your charges will be dropped if you write a “letter of apology,” the condition requirement of having to write the letter is considered an adverse adjudication. This includes charges that were dismissed, pardoned or disposed of in any manner that required you to do something, anything!
- Probation
- Probation is the suspension of a sentence of an individual convicted of an offense. The suspension of sentence will usually always require the individual to abstain from further unlawful activity during the period of probation and may or may not include other conditions imposed by the convening civil authority/court. The term unconditional/unsupervised probation is used to define a period of probation where the individual has no restrictions concerning freedom of movement, no future reporting requirements, no outstanding balance of fines, restitution or community service to be fulfilled, or any other tangible condition that would restrict the individual’s ability to join and serve in the armed forces. Supervised/conditional probation is defined as any imposed condition that would restrict the individual from joining the armed forces due to movement restrictions, reporting requirements, unpaid balances of fines or restitution, or remaining community service requirements to be fulfilled. Persons under unconditional/unsupervised probation are enlistment eligible.
- Non-Traffic Offense
- Generally, if the maximum confinement under local law is four months or less, it is to be treated as a non-traffic offense.
- Misconduct Offense
- Generally, if the maximum confinement under local law exceeds four months but does not exceed one year, it should be treated as a misconduct offense.
- Major Misconduct Offense
- Generally, if the maximum confinement under local law is one year or more, it should be treated as a major misconduct offense.
You may not enlist into the service as an alternative to criminal prosecution, indictment, incarceration, parole, probation, or other punitive sentence. If a judge does reduce your sentence or punishment to join, then you are ineligible for enlistment until the original assigned sentence would have been completed.
All charges, citations, warnings must be listed in your enlistment paperwork, but it is only those charges and citations that have been adversely adjudicated that will have to be considered when determining if a waiver is required or even necessary. So, lets get to it, what can be waived and who can waive it.
The waiver authority based on the number of traffic, misdemeanor offenses, and combinations of those charges that you may have committed.
| Offense |
Number of Offenses |
Waiver Authority |
Traffic Violations
(Follow link for examples) |
Up to 5
6 to 10
11 or more |
No waiver is required.
NRD Commanding Officer
CNRC |
Non-Traffic Offenses
(Follow link for examples) |
Up to 4
5
6 or 7
8 or more |
No waiver is required.
NRD Commanding Officer
CNRC
No waiver authorized. |
Misconduct
(Follow link for examples) |
1-2
3 or 4
5 or more |
NRD Commanding Officer
CNRC
No waiver authorized. |
Combination Rules for Non-traffic and misconduct (not including major misconduct) offenses.
| Combination Rules for Non-Traffic (NT) and Misconduct (M) Offenses |
| Combination of Offenses |
Waiver Authority |
1 M and 4 NT
1 M and 5-6 NT
2 M and 3 NT
3 M and 2 NT
3 M and 4 NT
Total of NT+M=8 or more |
NRD Commanding Officer
CNRC
CNRC
CNRC
No waiver Authorized
No waiver Authorized |
An offense is classified a “felony” without regard to the offender’s age when the offense was committed, or whether the offense was disposed of by juvenile or adult criminal proceedings. A felony charge that is adjudicated as a felony which is amended later to a lesser offense classification shall be considered a felony for enlistment waiver purposes.
Note: Currently, a moratorium exists on Major Misconduct or any other criminal/moral waiver that requires consideration by the Commander, Navy Recruiting Command.
| Major Misconduct Offenses (Felonies) |
| Offense |
Number of Offenses |
Waiver Authority |
Major Misconduct
(Follow link for examples) |
1 or 2* |
CNRC |
| 2 juvenile major misconduct offenses or a combination of 1 adult and 1 juvenile major misconduct. |
| If you have 2 adult or 3 or more major misconduct offenses. |
No waiver authorized. |
| * Cannot have more than 1 Major Misconduct offense adversely adjudicated as an adult. |
A combination of 1 major misconduct and 3 or more additional offenses, other than traffic violations, is NOT authorized for a waiver.
To be clear, about sealed juvenile records, several states have provisions for “sealing juvenile records” which serves to limit disclosures on the part of law enforcement officials and judicial authorities. In spite of the legal effect of such action, if you have a record, you must reveal the record, and a conduct waiver must be granted to authorize enlistment in these cases.
You receive an automatic permanent disqualification if you have been convicted of rape, carnal knowledge, forcible sodomy, sodomy of a minor, prostitution involving a minor, indecent assault, assault with intent to commit rape, assault with intent to commit sodomy, indecent act with a minor, indecent language with a minor, kidnapping of a minor (by a person not a parent), pornography involving a minor, attempt to commit any of the foregoing, conspiracy to commit any or the foregoing, or solicitation to commit any of the foregoing or if you are required by any state or federal court, statute, or administrative regulation, to register as a sex offender – NO WAIVERS AUTHORIZED.
Well, this should be just enough information to confuse the crap out of you. I just hope that this information doesn’t stop you from visiting the recruiting station and asking specific questions about your individual circumstance, and provides you with enough insight so you can be as prepared for the visit as you can be.
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I am 24 years old, 45+ college hourse, scored 91 on ASVAB. 6 years ago I was arrested for public intoxication. What are my chances of getting a waiver for Navy and Air Force.