Waiver Charts for Criminal and Conduct Offenses

Moral Waivers for Enlistment

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: Criminal/moral waiver that requires consideration by the Commander, Navy Recruiting Command are extremely unlikely to be forwarded for consideration unless you are an otherwise stellar applicant.

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.

The Moral/Criminal Waiver Matrix above is for both active and Reserve, enlisted and officer programs.

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.

Self admitted crimes and offenses shall be processed in the same manner as adverse adjudications when the crimes or offenses are not revealed in police record checks or on file with civil authorities. Self admitted crimes and offenses shall be classified (charted) and waived at the appropriate level per this manual. However, any voluntarily disclosed, self admitted, or recruiter discovered form of police or criminal involvement by an applicant warrants further investigation and may be grounds for disqualification.

You receive an automatic, permanent disqualification if you have been convicted of rape, sexual abuse, sexual assault, incest, 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 of the foregoing, any other sexual offense, 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.

Related posts:

  1. Complete Disclosure
  2. Alcohol – Behind The Wheel
  3. Basic Requirements for Navy Enlistment
  4. Navy Drug Waivers

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1,496 Responses to “Moral Waivers for Enlistment”

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  1. awhit22 says:
    April 18, 2013 at 2:04 pm

    I was charged with drug paraphernalia and possession of a controlled substance. I plead under the youthful offender act and my record was sealed. All of my court fines are paid off and I was granted unsupervised probation with no conditions. I am clean and am 100% positive I can pass a drug and alcohol test whenever, wherever. I am a 20 year old who made some mistakes early and now want nothing more than to serve my country and make something of myself. Will the controlled substance charge interfere with that?

  2. NCCM(Ret) says:
    April 18, 2013 at 2:59 pm

    Awhit22,

    For drug possession other than marijuana, you require a local command drug use waiver and a moral waiver that has to be approved by the Admiral, the Commander, Navy Recruiting Command. A waiver that requires that level of approval can be sent, but the applicant must be an otherwise stellar person (high ASVAB score, great work references, etc.) — your recruiter can provide you with more specifics as they may relate to you.

  3. awhit22 says:
    April 18, 2013 at 3:12 pm

    Thank you for that information. How long does that waiver process normally take? I have all court docs in a file ready for submission (arrest report, final court disposition, paid fine receipts, etc)

  4. NCCM(Ret) says:
    April 18, 2013 at 6:39 pm

    Awhit22,

    If allowed to move forward, the process in total can easily take a couple of months.

  5. aj21000 says:
    May 2, 2013 at 9:22 pm

    NCCM(ret), first of all.. just wanted to say thanks for all of your responses to everyone. it’s nice of you to help out with this. my inquiry for you:

    in 2005, i was 18 years old and received a “contributing to a delinquency of a minor” (threw a party at my parents’ place) and “underage consumption” (drinking when i shouldn’t have been during my first semester of college) on two different occasions. in 2008, when i was 21 years old, i received a charge of “petty larceny” (<$60). according to the list above, this translates to two misconduct offenses and one NT offense. i'm applying into naval officer programs. i am 26 years old now, have a master's in psychology with a 3.8 gpa, and scored a 7/7/7 59 on the ASTB. i'm currently working with NRD ohio to get my kit submitted. today, they began checking the status/disposition on each of those cases at the respective courthouses. my OR said we should find out about potential approval for my waiver shortly, but i was just wondering what your take on my situation might be.. as i'm starting to get quite anxious about it. thanks in advance, it's much appreciated :)

  6. NCCM(Ret) says:
    May 3, 2013 at 6:45 am

    AJ21000,

    You certainly have an otherwise stellar background — great GPA (I am assuming your undergrad was similar) and scores. My main concern for you would actually be the charges that were alcohol related, and the designator that you are entering. Officer Programs recruiting is not an area that I have a sound footing (so many different designators, so many different expectations). I would be very interested to know the outcome when you get your answer.

    I hope it works out.

  7. aj21000 says:
    May 3, 2013 at 8:45 am

    Thank you, sir.. I appreciate it very much. The OR I’m working with says that the shoplifting and underage consumption charges are fairly common, and he’s been able to get waivers for those. I’m applying for aviator, flight officer, and surface warfare (in that order). As far as getting the waiver goes (2 misconduct/1 NT), do you think my situation would be resolved through the NRD commanding officer? Please tell me it wouldn’t have to go to CNRC :( your note about waivers not being forwarded up that high makes me incredibly worried.

  8. NCCM(Ret) says:
    May 3, 2013 at 9:09 am

    AJ21000,

    The charges would be waived by the local commanding officer, but the board/person who does the selections will still consider the charges when making a decision. Of course having the application make it out of the local district is a positive thing — you will be in competition with all the other packages they receive to fill the available slots. Without the police issues, you’d be a shoo-in; hopefully, the graduate degree will mitigate the damage.

  9. aj21000 says:
    May 3, 2013 at 9:34 am

    Your perspective on this matter coincides with the rest of the information I’ve received, and it sounds absolutely accurate. I’m comforted to hear the waiver approval process will at least be conducted at the lower level of authority. Because the age cutoff for aviator/flight officer is 27, I’ve let as much time pass as I possibly could since I committed these transgressions to prove to the board I have moved away from that immature mentality. My motivational statement reflects this as well. The next board convenes in mid-July. I’ll make a mental note to come back here and let you know what happens. Thanks again :)

  10. NCCM(Ret) says:
    May 3, 2013 at 9:40 am

    AJ21000,

    Count my fingers as officially crossed (for good luck). I hope for the best!

  11. EJ says:
    May 6, 2013 at 8:38 pm

    I got some waivers but my recruiter I was on standby. What exactly does that mean? Will I be waiting long?

  12. NCCM(Ret) says:
    May 6, 2013 at 9:18 pm

    EJ,

    Could mean a few things. You would need to ask your recruiter why you have to wait.

  13. Lefty says:
    May 7, 2013 at 7:00 am

    NCCM,

    I was arrested in 2007 (18 years old) for False Imprisonment which they charged it as a misdemeanor based on the circumstances surrounding it. I completed anger management for the charge to get it dismissed. Then in 2011 (21 years old), I was arrested for misdemeanor DV battery. This was successfully dismissed after completion of classes.
    I have a bachelor’s degree in Political Science emphasis in International Relations, 5 Letters of Recommendations from three Government employees (Private Investigator, Social Worker, ex-City Mayor and now Council member) Teacher who is an ex-Cop, and a Church Minister. I scored an 81 on the ASVAB. I even volunteered and worked with the US Secret Service in 2009 for my school’s commencement ceremony. I also have a good track record of community involvement and awards dating back to my high school days.

    My question to you is what is the chance of getting a waiver approved for my past criminal history even with my accomplishments?

  14. NCCM(Ret) says:
    May 7, 2013 at 9:34 am

    Lefty,

    A waiver would be very unlikely. It doesn’t matter that the court put the False Imprisonment (FI) as a misdemeanor — the Navy would view it as a Major Misconduct Offense; additionally, irrespective of the FI, the DV charge would most likely keep you from processing — the Navy takes a very strong stance against those with DV issues in their past.

    Personal references are nice, but they carry very little to no weight — the waiver authority would want to see job references that have been gathered by the recruiter. And, personal references certainly do not have an influence on whether a person’s waiver would be considered.

  15. Danny says:
    May 8, 2013 at 2:26 pm

    I was charged as a juvenile at the age 17 for assault and battery, only had probation for 6 months with community service. Charges were dropped and I am now currently getting my file sealed. Any chances of me being able to join? I’ve been trying to join the marines since I first stepped into high school. What are the chances of myself getting a waiver signed and joining?

  16. NCCM(Ret) says:
    May 8, 2013 at 2:41 pm

    Danny,

    The age at which time the offense occurred is irrelevant, and having the charged sealed also does nothing. You would require a waiver for the battery charge — if you are otherwise a stellar candidate, the chances of approval should be pretty good. If the battery was on a family member or person you lived with, then you have different issues, and the potential for a waiver decrease significantly.

  17. Danny says:
    May 8, 2013 at 2:56 pm

    Thank you. I appreciate the information, I’m thinking of visiting a recruiter this coming week. Hopefully all goes well.

  18. miranda says:
    May 10, 2013 at 9:40 pm

    When i was 18 and 19 i got a trespassing charge(adjudication witheld), i got posession of parphanellia(adjudication withheld), posession of a controlled substance which was a felony(adjudication withheld) and posession of marijuana which was a misdemeanor(adjudication withheld). Would that disqualify me from joining the navy? My dad was in it for 22 years and its been my dream to follow in his footsteps. Please answer me back

  19. NCCM(Ret) says:
    May 10, 2013 at 9:46 pm

    Miranda,

    As it states in the post, a combination of 1 major misconduct and 3 or more additional offenses, other than traffic violations, is NOT authorized for a waiver. Because you have at least one Major Misconduct Offense (the felony charge of possession of a controlled substance) and three other charges (possession of marijuana, possession of paraphernalia [would also be a Major Misconduct Offense if associated with the controlled substance charge), and the trespassing], you are not eligible for waiver consideration.

  20. Nathan says:
    May 11, 2013 at 1:36 am

    I had four felonies for robery I was put on probation five years ago and got off in January will I be able to still join? I got a score of 97 on the ASVAB test

  21. NCCM(Ret) says:
    May 11, 2013 at 6:00 am

    Nathan,

    No. You have four Major Misconduct Offenses — no waivers are authorized.

  22. Dancing Billygoat says:
    May 11, 2013 at 6:37 pm

    Im trying for my reenlistment again and i’ve told my recruiter about everything and collected my 2 misdemeanor charges that won’t show up when he background checked me for that i got for being a disturbance over the telephone.My recruiter finger printed me and everything but i still haven’t turned in my application.So now im wondering how long will it take for my recruiter to attempt getting me waiver for my uncharacterized Re-3 discharge?

  23. NCCM(Ret) says:
    May 11, 2013 at 6:52 pm

    Dancing Billygoat,

    If you have not yet submitted your application, your waiver cannot be completed.

  24. Dancing Billygoat says:
    May 11, 2013 at 7:04 pm

    My recruiter was busy last tuesday when i dropped by his office and I think he’s working with a lot of people and he said he’ll have to get back with me another time when he’s not so busy i guess to finally be able to work with me after I submit my application.Thanks for that super fast response!I’ll call to check to see if he’s not so busy this monday.

  25. Dana says:
    May 11, 2013 at 7:28 pm

    Dancing billygoat let me know what happens, my son got an re8 and will be talking to a recruiter in June. would you mind e mailing me, I have a question about background check, we have something similar going on…. alohacoffee[at]live.com

    Edited by NCCM(Ret): “[at]” = @ — it was changed for the address holders protection to ensure that the email address posted does not get scraped by spammers.

  26. Anthony says:
    May 14, 2013 at 10:37 am

    If you have any questions feel free to ask im a navy recruiter and i will be more the happy to help just email them to me at anthony.danno[at]navy.mil

    Edited by NCCM(Ret): Replaced the “@” with “[at]” to help stop spammers from scraping the email address.

  27. NCCM(Ret) says:
    May 14, 2013 at 12:01 pm

    Anthony,

    Welcome to my site!

  28. Military Career Wanted says:
    May 14, 2013 at 1:35 pm

    Hello,
    Thank you for providing advice on this site.

    I have a question regarding enlistment.

    I am 31 years old, I will finish my 4 year college degree in the fall BUT, I do have three felonies. My last felony was in December 2002.

    I haven’t been in trouble since. All my court fines have been paid.

    So, is there any possibility of being able to join the military, with a college degree?

    The reason I ask is because I was told that sometimes, certain felonies can count as one, if they are related to the same case.

    Any feedback would be greatly appreciated.

    Thank you.

  29. NCCM(Ret) says:
    May 14, 2013 at 3:12 pm

    Military Career Wanted,

    The grouping of charges occurs when the action to commit the crimes were singular; for example, breaking into a house is one crime, and stealing something from the house is another — those two crimes cannot be grouped together; they took two separate thoughts and actions to complete. An example of where two charges may be grouped would be if a person hit someone and the victim fell and broke something due to the hit; if the police charged that person with damaging the property and assault those may be grouped because they are both the a result of that single action.

    If all three of your felonies cannot meet that standard, then you are not eligible for waiver consideration.

  30. Military Career Wanted says:
    May 14, 2013 at 3:23 pm

    Thank you for the clarification.

    I appreciate your input.

  31. Anon says:
    May 14, 2013 at 4:50 pm

    My husband has already talked to a recruiter and he’s already in the process of taking the ASVAB and going to MEPS. But today his recruiter told him that his charge of paraphernalia did not show up in his police records. He let his recruiter know that he was pulled over by a Sheriff near a highway, and I think the Sheriff had a DPS Badge or something like that; now his recruiter is telling him he might be disqualified. Why would this disqualify him?

  32. NCCM(Ret) says:
    May 14, 2013 at 5:09 pm

    Anon,

    A charge does not have to show up during the cursory police record check for it to be considered. He would need to complete a handwritten statement describing all the elements of the charge from ticket/arrest to the final disposition and the fact the requirements of the court have been completed (I assume he already has done this) and the returned police record check from the city/county and state of where the charge took place. Not sure why he would be no longer eligible for waiver consideration. The recruiter needs to clarify further.

  33. deandre [Last name redacted for privacy] says:
    May 15, 2013 at 7:43 pm

    Hi my name is deandre [Last name redacted for privacy] I’m from san diego, 24 years of age and would like to join the navy but I have a record of vandalism and gta how could I get past that

  34. NCCM(Ret) says:
    May 15, 2013 at 8:20 pm

    Deandre,

    It is possible. As long as you are an otherwise stellar and fully qualified applicant, you may receive waiver consideration by the Commander, Navy Recruiting Command if your recruiter feels that you have a chance of approval. You have one Major Misconduct and one Misconduct offense.

  35. deandre [Last name redacted for privacy] says:
    May 16, 2013 at 1:56 am

    The vandelism charge happen in 2008 and the gta happen in 2004 where do I go and who do I talk to for a waiver

  36. NCCM(Ret) says:
    May 16, 2013 at 6:52 am

    Deandre,

    As I mentioned in my original reply, your recruiter would need to determine whether you are a good candidate for a waiver before it could be forwarded. So, you need to seek out your local recruiter.

  37. Old man 808 says:
    May 17, 2013 at 2:40 pm

    Could someone shead some light? I was wondering if I could get a wavier for promoting a detrimental drug in the third degree? During high school a recuiter told me that I wouldnt be able to enlist because I blew my acl and had suguery to replace it. So like a young donkey I got cought up in the bad crowd. Didnt last long because I was arrested for the drug charge. It was my only offense and it was 13 years ago. I know time of offense doesnt matter but after that I have a pretty good job reffrence and I am a volunteer coach for AYSO Big Island Waimea Pop Warner football association. Does this charge hurt my chances of enlisting?

  38. NCCM(Ret) says:
    May 17, 2013 at 2:54 pm

    Old man 808,

    Any drug charge that has anything to do with sale, distribution or manufacture of any illegal drugs is not eligible for a waiver.

  39. Old man 808 says:
    May 17, 2013 at 3:13 pm

    So what will happen to my enlistment file and will my recruiter let me know that I won’t be able to join?

  40. NCCM(Ret) says:
    May 17, 2013 at 3:31 pm

    Old man 808,

    I assume the recruiter read the court documents for the charge — once he/she did that, you should have been informed right then. How far are you into the process?

  41. Old man 808 says:
    May 17, 2013 at 3:45 pm

    My file is waiting pending approvle. I believe my file is at pearl waiting to be sent NRC.

  42. Old man 808 says:
    May 17, 2013 at 3:46 pm

    My file is waiting pending approvle. I believe my file is at MEPS at Pearl waiting to be sent NRC.

  43. Josh says:
    May 17, 2013 at 9:02 pm

    Hi I’ve been trying to get into the marines but I’m having trouble with my criminal record. The recruiter said he was trying to get past my felony, but the only offenses I have are two misdemeanor shoplifting charges from when I was 11. The recruiter told me his major said he couldn’t find a way around it because the general hasn’t signed any waivers in five years. I’m 19, a high school graduate, and scored an 88 on the ASVAB. Is there anything further I can do to try and get a waiver? Or is it possible to try again after furthering my education and what might my chances be? Any answers would be appreciated.

  44. Brotherly advice says:
    May 17, 2013 at 9:25 pm

    I have a ? Please help my brother got a dui when he was 21 and fought it and ended up with 2 traffic violations instead, the officer thought he was smoking pot. I’m sure he will score well on the asvab and has since done nothing wrong . Given this happened like 3 or 4 years ago what should he know thank you for n e help!

  45. NCCM(Ret) says:
    May 18, 2013 at 6:15 am

    Josh,

    I recommend trying another service.

  46. NCCM(Ret) says:
    May 18, 2013 at 6:18 am

    Brotherly Advice,

    If he received a traffic violation that included drugs or alcohol, then regardless of the fact it was reduced, it will still be treated as if he got a DUI for enlistment waiver purposes. He needs to go to a recruiter, and if he is otherwise fully qualified, he may receive waiver consideration.

  47. Brotherly advice says:
    May 18, 2013 at 7:16 pm

    Does he have to disclose the fact it was for pot and does the military check the police report thank you for your reply -ret
    He just wants to serve his country

  48. NCCM(Ret) says:
    May 18, 2013 at 8:00 pm

    Brotherly Advice,

    Of course he should tell the truth, and yes, the background checks are thorough.

  49. Brotherly advice says:
    May 18, 2013 at 8:24 pm

    Thank you

  50. Brotherly advice says:
    May 18, 2013 at 9:06 pm

    Ret

    So should he disclose everything to his recruiter or just simply keep it simple ? I kno he’s clean but could that dq him or later on dq him? He just doesn’t want to start something and have his dreams shattered thank you again

  51. NCCM(Ret) says:
    May 19, 2013 at 5:05 am

    Brotherly advice,

    His dreams will most certainly be shattered when he gets to boot-camp or follow on school and his background investigation returns something other than what was disclosed at enlistment. He would be coming home for sure.

  52. Brotherly advice says:
    May 19, 2013 at 12:45 pm

    Ret
    Thanks again and last question he stays in a pot legal state and used to have his recommendation given by a doctor . I don’t kno how he got it exactly but he has matured and I’m sure he wouldn’t be dumb enough to go and get dq for a failed screening . So should that be disclosed as well

  53. NCCM(Ret) says:
    May 19, 2013 at 2:57 pm

    Brotherly advice,

    Yes, he needs to tell the truth to every question asked of him. Concerning marijuana legal states, I wrote this post –>> http://www.navycs.com/blogs/2012/11/07/marijuana-use-and-the-military

  54. Josh says:
    May 19, 2013 at 5:34 pm

    Thank you for your input. I also wanted to ask if my chances would be better for getting a waiver from the navy? And would they allow me to apply for a SEAL Challenge Contract with my criminal history?

  55. NCCM(Ret) says:
    May 19, 2013 at 7:19 pm

    Josh,

    A waiver may be possible. You records would need to be reviewed and a determination made as to whom the waiver authority would be — remember, the age at the time of the offense is irrelevant. It is possible for theft charges to be considered as Major Misconduct offenses if the amount stolen was egregious. But even with that said, the Navy has been considering Major Misconduct waivers for otherwise good candidates. Good luck!

  56. Sean says:
    May 19, 2013 at 7:46 pm

    Sir,

    Looking at your responses to other questions it sounds like the moratorium on major misconduct waivers has been lifted.. I just went back to see a recruiter and he said this wasn’t the case. I’m a little confused.

    I had a breaking and entering charge that was dropped unconditionally by the district attorney, who wrote a letter stating it was, but I received a misdemeanor for trespassing reduced to an infraction. They originally thought with the letter it would be enough but the legal determ came back same as before. Is Army the same way?

    Thank You

  57. NCCM(Ret) says:
    May 20, 2013 at 5:59 am

    Sean,

    There are waivers being forwarded and considered for Major Misconduct Offenses, but only for applicants that are otherwise outstanding and the recruiter believes there is a chance at approval (high ASVAB, Tier I education, good job references, etc.)

    My understanding is that the Army is not processing many waivers at all — you would have to check with them.

  58. Sean says:
    May 20, 2013 at 2:37 pm

    Sir,

    This doesn’t seem to make sense then. I was a double major in college with honors and I’m also in Mensa. I have letters of recommendation from an Lieutenant Commander, the head of the USO where I volunteer, as well as four former employers. I have run my own business on the side as well for the last eight years. None of this was collected by my recruiter. He also had me collect my own court records. Is this the way it was supposed to work?

    Thank You

  59. Old man 808 says:
    May 20, 2013 at 2:51 pm

    If our files get sent to NRC then it’s up to them. Chances are depended on your case.

  60. NCCM(Ret) says:
    May 20, 2013 at 4:08 pm

    Sean,

    Your recruiter does not have to forward your waiver. CNRC waivers are labor intensive and they take a lot of time to get an answer back. Many recruiters won’t do them, but CNRC does except and process ones they receive. Per instruction, the recruiter is not allowed to accept police/court records supplied by the applicant.

    Also, if your court records state or even hint that your charges were reduced so you may process for enlistment, then you have another issue that you would have to overcome. Per instruction, if that is the case, you would not be eligible for any consideration until the time passes that the statue states the charges punishment could encur (the original charge).

  61. Mike says:
    May 21, 2013 at 7:59 am

    I have 3 misdemeanors on my record
    Possession of marijuana small amount not intent to sale under age drinking and paraphernalia 7 yrs ago in college was put on probation for 1 year do u think I could get in the military any branch

  62. NCCM(Ret) says:
    May 21, 2013 at 9:40 am

    Mike,

    A waiver for Navy enlistment is possible if you are otherwise a stellar candidate (I’m assuming the paraphernalia charge was also marijuana related).

  63. viet says:
    May 21, 2013 at 5:34 pm

    Hi, I need some help if you can let me know if I have any hope…
    Here is the run down: Please take the time to read carefully.

    When I was 19; I got paraphernalia ticket. This resulted in just paying off the ticket.

    When I was 20, early April 2011, I got a possession of marijuana under 2oz. This resulted in 6 months probation.

    Two weeks later on April 15, 2011. I got arrested for Manufacture of Controlled Substance and Possession of Marijuana under 4lb. Both are felonies. BOTH however were NEVER gone to court, Dismissed, NO convictions for either of the felonies. However it is on my arrest record.

    I’ve changed my life around since April 15, 2011. I have been clean since and no troubles. Since then I started school again and I’m about to be finish with my second year in college. I’m going be able to transfer to a university this fall of 2013 to get my bachelor in psychology. I maintain 3.4 GPA. I fully regret everyday doing what I did and I do take full responsibility. I want to join the service and live the military life.

  64. NCCM(Ret) says:
    May 21, 2013 at 5:50 pm

    V. or Viet,

    As I told you before, if the charges were dropped because you were a CI, that would be a condition that was fulfilled to have the charges dropped — that means you would be considered guilty of the charges for waiver purposes — the charges were not dropped because you didn’t commit the offense(s). And again, because it is a manufacturing charge, you are not eligible for waiver consideration.

  65. viet says:
    May 21, 2013 at 5:54 pm

    I’m sorry I didnt mean to double post… I been trying find more answers because I didn’t want to give up. Again thanks for your reply. I didn’t realize I posted here already.

  66. NCCM(Ret) says:
    May 21, 2013 at 6:33 pm

    Viet,

    No problem — you posted on a different page, it isn’t uncommon to lose where you originally posted because there really is a lot of pages with information.

    The military may not be in your future, but keep up the great work in school — that stuff will pay dividends in your future!

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