CVN-71

Felonies and Very Serious Misdemeanors

Major Misconduct

Not an all inclusive list, but should help you figure out how you charges may effect your enlistment, and who the waiver authority may be when you use the moral waiver guide.

An offense is classified a Major Misconduct, “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.

Major Misconduct Examples

Aggravated assault, assault with a dangerous weapon, maiming.
Arson.
Attempt to commit a felony.
Breaking and entering with intent to commit a felony.
Bribery.
Burglary.
Car jacking.
Carnal knowledge of a child.
Carrying of weapon on school grounds. (firearm)
Check, worthless, making or uttering, with intent to defraud or deceive (over $500).
Child abuse.
Child pornography.
Conspiring to commit a felony.
Criminal libel.
Domestic battery/violence, as defined under the Lautenberg Amendment.
Embezzlement.
Extortion.
Forgery; knowingly uttering or passing forged instrument. (except for altered identification cards)
Grand larceny/larceny (value over $500).
Grand theft auto.
Hate crimes.
Illegal/fraudulent use of a credit card, bank card, or automated card (value of $500 or more).
Indecent acts or liberties with a child, molestation.
Indecent assault.
Kidnapping; abduction.
Mail matters: abstracting, destroying, obstructing; opening, secreting, stealing or taking.
Manslaughter.
Murder.
Narcotics, or habit forming drugs; wrongful possession or use. (marijuana not included)
Negligent/vehicle homicide.
Perjury; subordination of perjury.
Possession or intent to use materials in a manner to make a bomb or explosive device to cause bodily harm or destruction of property.
Public record: altering, concealing, destroying, mutilating, obliterating, or removing.
Rape, sexual abuse, sexual assault, criminal sexual abuse, incest, or other sex crimes.
Riot.
Robbery, to include armed.
Sale, distribution, or trafficking (including “intent to”) of marijuana or any controlled substance. (Mandatory rejection)
Sodomy.
Stolen property, knowingly receiving (value over $500).
Terrorist threats including bomb threats.
Violation of civil rights.

A major misconduct offense, generally, when the maximum confinement under local law for the offense is one year or more.

Traffic Violations
Non-Traffic Offenses
Misconduct Offenses


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308 Responses to “Major Misconduct”


  1. NCCM(Ret) says:

    SK,

    A waiver for a single alcohol related DUI (a BTW offense) is considered at the local commanding officer level; I don’t know why it would be taking this long to hear back. Have you completed the ASVAB and taken your physical yet?

  2. Sk says:

    Well I also forgot to remind you that the other charge that was a BIG issue for them which is the terroristic charge that I was not arrested for or neither it has went to court… Basically what I see as the recruiters finding on that was that it was exceptionally dropped unconditionally. I believe that is what is playing a factor in the decision that’s why it’s taking so long and also 3 traffic tickets minor one for 15, 17, 14 miles over the speed limit in a 65 zone. Would that still be considered a commander level? And if so do you meet the commander at the meps or the area where the recruiter is located? I have taken the adsvab I got a 82 but the recruiter says I cannot continue to meps to get the physical unless I get this waiver process done. I mean whatever I say as far as my college degree and adsvab results he says it has no bearing on the decision. All out of his hands and mine. I have been looking up on similar situations so far I’ve seen up to 30 days? I don’t know if that is true.

  3. NCCM(Ret) says:

    SK,

    The terrorist threat charge is a Major Misconduct Offense, and because of the delay, I am assuming they are considering it as adversely adjudicated — that charge cannot be completed locally, and they are a lot of work to process; if the command is doing well, or they don’t think your chances are good for approval, then you are in a holding status until that situation changes.

  4. Sk says:

    That thought had come to mind about that, but how can it be assumed adversely adjudicated if the information is as clear as day that it wasn’t pursued by the police (meaning to call me and let me be aware),or didn’t go to court. They basically dropped it and closed the case. It is said clearly there. Please correct me if I am wrong based off of reading the rules it says anything that is unconditionally dropped where there is absolutely nothing that I had to do to make a deal plea or nothing why would it be assumed adversely adjudicated? It shouldn’t require a waiver? What long work process is there when a simple phone call to the police department can clear it up. It isn’t at the courts due to the fact that they didn’t pursue or the cops didn’t at all.
    Forgive me this just very frustrating. I have consulted a military and criminal lawyer and both said that I fall within the rules that requires no waiver. This is something that cannot even be expunged because it’s not a conviction or anything. I hope you understand where I am coming from that this just isn’t clear or nothing is meshing well with each other. I’m thinking maybe it’s a long work process that the legal department would have to clear up or something. Please walk me through this again or what that can be taken from the court to fix this issue? Then again the court has nothing or no records.

  5. Sk says:

    And one more thing I just want to reiterate the charge
    Terroristic threat: no arrest
    Cops didn’t pursue (didn’t call me or made anything aware)
    The case was dropped unconditionally and closed
    Courts have no records or has no knowledge of it since it didn’t go there.
    No conviction; no pretrial diversion, no letter for apologies, no fines, no case to plead guilty or not guilty, no deals, no lawyer, no prosecuter.
    Not found in ncic or FBI background check.
    The police station wouldn’t give me record info just a form stating some georgia policy that the charge isn’t a crime just a record statistic.

  6. NCCM(Ret) says:

    SK,

    Was the case closed with or without prejudice? And to answer your question specifically, you must ask your recruiter — he can find out what the hang up is.

  7. Sk says:

    It was dismissed with prejudice. And it already contacted the recruiter he says it’s still processing they haven’t gotten any word from them yet and it’s out of his hands. Something we have to “ride” out I suppose. All I am hearing is I have a very very weird case. They would have atleast expect me to be arrested or something happen so the courts would have a record.

  8. NCCM(Ret) says:

    SK,

    All arrests made will have a final disposition applied once all the court’s actions are completed. I wish I could be of more help.

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