Published: September 5th, 2008
Updated: June 16, 2014
Adjudicated definition – “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.
Behind the Wheel (BTW) definition – Alcohol and/or drug incidents while you were BTW of a motorized vehicle such as driving while intoxicated (DWI), driving under the influence (DUI), operating under influence of alcohol (OUIL), driving while alcohol impaired (DWAI), etc. There are even circumstances where being adjudicated for “open container” could be considered a BTW offense. Example – you are under the legal drinking age, you are pulled over and found to have a trace of alcohol, not even close to enough to be guilty of DWI, you could be considered to have a BTW for enlistment purposes.
With the definitions out of the way, here is the meat: If you have a BTW conviction, you must wait a mandatory period of one year from date of original offense (the day you were given a ticket or arrested) before you can be gained as an accession onto active duty or affiliated into the Navy Reserve. The waiting period of one year is NOT waiverable.
Any more than two BTW adjudications (a single BTW is a CO NRD waiver; two BTWs require a waiver from the Commander, Navy Recruiting Command) and you are not eligible for enlistment into the United States Navy, there are no waivers authorized. I suggest to you; if you have more than two that you seek help if you haven’t already. There is no excuse for getting behind the wheel of a vehicle after you have been drinking; you’re putting your life and the lives of others at risk.