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Waiver Charts for Criminal and Conduct Offenses

Moral Waivers for Enlistment

Published: May 23rd, 2010
Updated: May 14, 2015

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’ reporting requirements (the level at which a waiver may be required may vary slightly from one service to another).

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. 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 to, 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 may be 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. Many people do not make it through the conduct waiver process – in my experience, most of those disapproved were a result of the person being disrespectful; they almost seem to think the process to be a waste of time. Also, during the conduct waiver process, many applicants would blame someone else for the charges. They refused to take ownership of their past indiscretions. My best advice; be humble and man/woman-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 that your charges will be dropped if you write a “letter of apology”, or if you pay restitution, the condition requirement of having to write the letter or to pay the restitution 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!
Expungement
Some states have established procedures for the subsequent “expunging of the record”, “dismissal of charges”, or “pardon” upon evidence of rehabilitation of the offender. Such action has the legal effect of extinguishing the initial “conviction” or “adverse juvenile adjudication” so that, under state law, the applicant has no record of conviction or adverse juvenile adjudication. In spite of this action, the record must be revealed and a waiver of the applicant’s disqualification(s) is required at the proper enlistment decision level.
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, and 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.

Moral Waiver Chart
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 (unless the recruiting command’s legal department determines otherwise).

Note: A 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.

Applicants with pre-service conduct waivers (drug, alcohol, or criminal) are disqualified for overseas assignment for their first duty station.

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.



3,318 Responses to “Moral Waivers for Enlistment”


  1. Michael:

    I had a question regarding my moral case and possible SEAL enlistment. I have 6 traffic violations. None are for speeding, three are for failure to obey road sign, one is a failure to show proof of insurance (even though I had it and found it later) and the other two are for a stop sign and a minor fender bender. I was also given a open container ticket when I was pulled over while being the designates driver. I was completely sober and doing the responsible thing but was still given a ticket. Finally I admitted to 4 times experimental marijuana use when I was 14. Is any of this alot to worry about or am I worrying about too much?
    Thanks so much

  2. NCCM(ret):

    Michael,

    The minor traffic shouldn’t be a problem, if you showed the court the proof of insurance and they dropped the ticket, where it has to be documented, it won’t count toward an adverse adjudication, giving you 5 tickets. Next, you ran a stop sign and had an accident, I think those may be lumped as a single transgression bringing you to 4 tickets.

    Your open container is another matter. You were driving, so the charge may be listed as a Behind the Wheel (BTW) offense – the MEPS will make that determination, if they do, then there is a one year waiting time from the day you were cited/arrested. The good news is, however, worst case – you are eligible for a waiver into the SEALs, as long as you meet all the other requirements.

  3. michael:

    I stand corrected, I have a copy of my driving record here…
    1 ticket for driving on my provisional. (when I first got my license)
    2 tickets for failure to obey traffic sign
    1 ticket for defective lights
    1 ticket for inattentive driving (car accident ticket)
    1 ticket for safety belt violation
    1 ticket for failure to show insurance (the ticket went on my record for some reason)
    And ofcourse the open container ticket. I dont know what Behind the wheel means, I wasnt under the influence at all. Good news i am eligable for waivers though

  4. michael:

    I read the definition on this site of BTW. It says open container can be considered as BTW if traces of alcohol are found in the drivers blood. Wasnt breathalized nor was I intoxicated at all

  5. Lavelle (Last name removed for privacy):

    Based upon this chart I dont require a waiver but, when I asked Navy.com they said I did require a waiver…

    Simple Assualt and Battery (2006) * Expunged
    Littering (2007)

    I would like to know do I require a waiver pretty much.

  6. NCCM(ret):

    Lavelle,

    If you have a simple assault, then you don’t need a waiver, but will require a physical violence interview.

    If you have a battery, then you will require a waiver by the NRD Commanding Officer, and a physical violence interview.

    You may want to look at your court record, I think it may say either simple assault, assault and battery, a battery or an assault, but personally, I haven’t heard of a “simple assault and battery.”

  7. Lavelle (Last name removed for privacy):

    My charge actually says simple assualt and battery. So I honestly dont know what to do with that. My recruiter said bring the diposition papers showing I paid the fine and the papers showing its expunged. He didnt mention writing a moral waiver statement. But he did say “I need those papers to get that waived.” What is a physical violence interview?

  8. NCCM(ret):

    Lavelle,

    The battery will trump the simple – you will require a waiver by the commanding officer. The fact that the charge was expunged is irrelevant because you paid a fine.

    The commanding or executive officer (CO or XO) will discuss with you your actions concerning the charge because it involved a physical altercation. During the physical violence interview, the CO or XO will determine if you have a propensity for aggression, and to form an opinion if you are a good risk for military service. The interview is required for all applicants who have been arrested and charged with crimes involving physical violence regardless of the disposition or adjudication of the charged offense.

  9. Lavelle (Last name removed for privacy):

    Ok thank you for clarifying that. My circumstance fits the description of simple assault because I paid a fine less than $500 ($156). Guess the word battery messed me up then.

  10. GuyWantingToJoin:

    If i have a Felon Theft by receiving stolen property what do you believe my chances of getting a waiver are? It was in 06 i was 18 and have since finished probation and paid all fines. Also since then have not had as much as a traffic violation.

  11. NCCM(ret):

    Guy Wanting To Join,

    As I elude to in the post, so many factors will be evaluated, such as the circumstances or the crime, your education level, ASVAB score, job references, your other police involvement – going all the way back to your birth (if any). Also, if you get as far as the waiver interview – how you respond to the questions posed, your demeanor – do you except responsibility for your past issues, or do you try and blame others…

    So many factors.

  12. GuyWantingToJoin:

    Thank you..

  13. Giovanni b:

    Hello to whom ever will read this. I have read the passage but I still need more insight on the matter. Back in June 2007 I was convicted of breaking and entering ,and posseion if stolen items. I was 17 at the time and I was DEJ ( deferred entry judgement) and the judge sealed my record as long as I complete 100 hours of community service and one year probation which I finished all in 6 months. My recruiter told me I got my wavier but I never had a interview or anything all I know is he sent some paperwork he told me to get from the court to NAVY’s main headquaters. The recruiter i had was promoted to rink then he then transfered to San digeo so the recruiter I have now is just doing my paper work. I am trying to become a navy seal. Can anyone please help me.

  14. NCCM(ret):

    Giovanni,

    By the sounds of it, you have not yet been granted a waiver. It sounds as if you have been granted permission to process. The actual waiver does not happen until you have completed the physical at MEPS. It appears that you have been guilty of a Major Misconduct (felony charge), which means that your waiver has to be approved by the Commander, Navy Recruiting Command (CNRC) so your paperwork has to be as right as it can be. Once you have had an interview with the District Commanding Officer, and he/she recommends approval – then your package will ultimately be sent to CNRC. Major Misconduct waivers take time so be patient.

  15. Giovanni b:

    But my rink/ recruiter told me I was granted a wavier that’s why he had one of his recruiters start paper work. So I need to be interviewed by someone because I was never interviewed. What do you think I should do? Should I talk to the recruiter and ask him for proof of a wavier or will they not show that?

  16. NCCM(ret):

    Giovanni b,

    It is impossible to have a waiver approved without your enlistment application and physical being complete. I assume the approval you received was to start your processing – I assume the legal department had to make a determination about the fact you finished probation earlier than the one year you were given. Being allowed to process is an important first step for your circumstance.

  17. Giovanni b:

    Oh ok Because my recruiter said that I’m going to be doing medical sometime in July so after I do medical I am going to be interviewed? And the question I am dire to ask do you think I have a chance of going into the navy seals. This is my biggest dream and I’ve been doing good after my dumb self got into this mess but I believe I have done good for my community. I have gave two years into coaching high school varsity football and teaching these kids about what I have done wrong and what they have to achieve. I just hope me waiting for three years I will be able to follow my dream.

  18. NCCM(ret):

    Giovanni b,

    Yes, once the physical is completed and all your paperwork is correct, you will have an interview. As far as the likelihood of going into the SEAL program, I suggest you ask your recruiter to have his Navy Recruiting District’s SEAL motivator contact you. For your waiver, and the process, I suggest you check out this blog post.

  19. Giovanni b:

    And thank you sir or ma’am for taking the time on a Sunday to answer my questions. Tomorrow I will confirm all these questions I have learned and ask my recruiter about my status and I will surly get back to you on my matter because you have help me.

  20. Giovanni b:

    Do you know how long it would take after the interview to find out if I qualify to be in the navy

  21. Stan B:

    I recently got a charge for possession of marijuana(an amount for personal use). Since I had never been in trouble before this was charged as a misdemeanor and I was put on a first time offenders program. At the end of my six months of probation the judge claims this will all go away. I wanted to know if this is true and will this charge effect in anyway my plan to enlist in the Navy?

  22. NCCM(ret):

    Stan,

    As I wrote in the post, the charge will count, and you will require a waiver to join. The completion of a pretrial intervention program is not a finding innocent, the judge placed a condition on you in order to have the charge dropped – although, they do say dropped, but the charge will always be part of the record.

  23. Brent:

    In 1997 when I was 11 I broke 2 windows and was charged with 2 felonies for throwing a deadly missile and 2 misdemeanors for criminal mischief. I entered pre trial diversion and completed the program so that the charges weren’t on my record. I still told my recruiter and just recently did my handwritten statement to apply for a waiver. Is this looked at as a single offense because it happened in one night or as 4 separate charges. Also, do I even have a chance of getting in or is this just a waste of time?

  24. NCCM(ret):

    Brent,

    As an example, if you shoplift from two stores during one visit to the mall – it would be 2 separate shoplifting charges. Using that example, and assuming the criminal mischief charges were linked to the deadly missile charges, you would have two total charges, both felonies – because they occurred when you were a juvenile, and provided you had no additional run-ins with law enforcement and are otherwise qualified you would be eligible for waiver consideration.

  25. Carl:

    I have a question regarding a sort of complex situation. About 10 years ago I tried to enlist in the Army. When I got to MEPS I disclosed the fact that I had threatened a teacher back in high school and was put in a psych ward for a few days and had to see a Psychiatrist for a few sessions after I was let out. I was also prescribed Paxil which I used for less than a year and have been off of ever since. Anyway, obviously I had to go through the whole deal of trying to collect medical records and letters of rec to get a waiver and somewhere along the line I gave up on the process and so, I was never actually officially denied a waiver.

    Anyway, fast forward 10 years later, I have graduated from college and am now a year away from finishing graduate school and I have gained some interest in trying to apply for Army OCS. Anyway, I was wondering, do I have any chance of getting the required waivers to get into the Army. I mean, the incident with the teacher occurred 12 years ago and I have had a spotless record ever since and have turned my life around and so I don’t see why something I did that long ago as a minor should be held against me now. I should also point out that I was never arrested or charged in any way for that incident. With all this said, what do you guys think? Do I have a chance or should I just forget about it?

  26. NCCM(ret):

    Carl,

    Seek out an Army Officer Recruiter and start the process. Beyond the charge you more than likely received, the diagnosis and prognosis of your doctors will be under review. I do not think you have a real good shot, but remember, worst they can say is no.

  27. Carl:

    Actually, I should make a correction. I’m not currently trying to apply for Army OCS but rather Navy OCS. Sorry for the mix up.

  28. Craig:

    Ok I had a question because the chart is a little confusing up there. When I was 13 I brought a knife to school and when I was 15 I got dentention from my school for assult. Would I still be able to get in? Also would the assult that they acused me of be on a crimal record.

  29. NCCM(ret):

    Craig,

    I suggest you have your Recruiter run a police record check, ensure your juvenile record is attached, and match the actual charges you received. Bringing a knife to school and assault can equate to a number of various charges, if you were even arrested.

  30. jamal:

    I have two misdemeanor marijuana possession charges, and 1 misdemeanor domestic violence charge that was dismissed after anger management class, i just wanted to no my chances if any to serve in the navy my life long dream.

  31. NCCM(ret):

    Jamal,

    The DV charge, even though it was dismissed after classes, will still count as a guilty finding, and the records must be reviewed to determine eligibility. Based on your type of charges, I would say that waiving a waiver granted would be slim, at best.

  32. Tiffany:

    My fiance has domestic volience on his record but wants to go to the army so he can finish school can he do that, and if so what all do he have to do? He is a great person, and is thinking about seeing if the judge can write a letter on his behalf to help him get into the army, The judge thought it was an good idea that he was going to the army so could you please tell me what he could do??

  33. NCCM(ret):

    Tiffany,

    This page may help.

    A letter from the judge will not help at all. All questionable cases must be reviewed by the legal department.

  34. Al:

    I’m looking at a medical officer accession program at the moment but unfortunately I have a pending charge. I was arrested for simple misdemeanor battery in a bar fight. The charges were not pursued till after my speedy trial period was over – so their only option on bringing it back was as a felony. Although this is not resolved, my lawyer is reassuring me that he doesn’t see a basis for a felony and that he’s confident he can get it dismissed or dropped to a lesser misdemeanor based on a lack of evidence and a strong defense (witness, medical records, etc) on my part. I was wondering… if the charges get reduced on evidence issues and not because I’m a good student, would it still be viewed as a felony? Are any branches right now giving officer moral waivers or even felony waivers to high-demand medical staff?

  35. NCCM(ret):

    Al,

    Once your court case is resolved, the specifics of the case would need to be reviewed to determine the classification, but as I state above, as per instruction, “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.”

  36. Al:

    NCCM,

    This isn’t really the official wording in the Navy regs… That wording is there to prevent plea bargains based on first time offenders, etc that actually did commit the higher crime from sneaking in. I’m stuck between a rock and a hard place because although I have a very strong defense, I’m in medical school and I’d rather take a slap on the wrist than chance it to a trial and have to miss school. Hopefully this all gets cleared up by the end of this week…

  37. NCCM(ret):

    Al,

    That wording is exactly what the CRUITMAN states; I copied it unmodified so it is the official wording in the Navy regs…

  38. James:

    My first year of college at Wayne State, played rugby and discovered socializing with beer. I never head any probems in high school, unfortunately I received a charge of DUI in college due to driving a friends car and having marajuana in the car, additionally possession andd parfinalia, which was my roommates. On top of that at a party one night there was some vandelism to a car at a rugby club house, I was charged with vandelism. Needless to say I had a very bad first year in college, and have definitely jeopardized my future. I am working on getting these expunged from my record. If I do this and obtain letters of reference, is it possible to receive a waiver to enlist? I recently spoke with a recruiter that told me I would not be eligible, and it’s not my character – that behavior, just a product of socializing during my first year of college. I have two uncles who served in the Navy and I looked forward to doing so as well, any help would be greatly appreciated.

  39. JDix:

    In 2006 I was charged with one count of 3rd degree grand theft for stealing thee laptops. I was sentenced to 18 months probation with adjudication withheld, at the time of the incident I was 22yrs old. Since the crime I have completed probation and also graduated from college with my BS in Business Administration in of May 2010. I wanted my to know my chances of getting a waiver from the navy with such a major misconduct being I was adult at the time and it only has been 4yrs since the offense?

  40. NCCM(ret):

    James,

    If the charges are expunged, it will not change the fact that they were adjudicated. If a Recruiter has already reviewed your records and found you to be not eligible, then you are not eligible.

  41. NCCM(ret):

    JDix,

    As long as the Navy recruiting legal department groups all three laptops as a single transgression, and you are otherwise a solid candidate, you have a good shot.

    An example of a single charge leading to multiple transgressions would be, you’ve been arrested for criminal mischief because you smashed 10 mail boxes in front of people’s homes – you may have been found guilty of the single charge but for waiver purposes each mail box may be considered because they were each separate actions.

  42. Felix:

    Al,

    You quoted the following text:

    “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.”

    I am wondering what happens in cases where someone is charged with but not convicted of domestic violence, and the charges are amended to an infraction, disturbing the peace. If the person pleads guilty to disturbing the peace on condition that the charge will be dismissed, will the Navy see only the charge of domestic violence, or will they acknowledge that the person was not convicted of domestic violence, and instead plead guilty to disturbing the peace?

  43. NCCM(ret):

    Felix,

    Domestic violence charges have their own set of rules due to the Lautenburg Amendment. That said, if the original charge was not a felony, and you adjudicated with disturbing the peace then you should be waiverable – but, keep in mind, the circumstances of the charge will be considered.

  44. Drew:

    OK.
    I am very interested in joining the Navy to become a diver or Air traffic controller. I have 2 DUI’s and in the second one I had a <30 grams of cannabis charge with it. I also had violation of probation with that last one. This was all over 3 years ago and everything is paid for and done with now. Since then I have gone back to school full time and I also work 2 jobs. I don't drink at all and I don't smoke marijuana anymore. Everything I had to go through for the second DUI actually helped me shape my life into who I want to be. I scored a 55 on my practice asvab which I was told was pretty good. I am not suborn to the exact rating I get but I would just like to serve my country to the best of my ability. Will my past DQ me from these ratings or any other in the Navy?

  45. NCCM(ret):

    Drew,

    Those charges will keep you from serving in both of those programs. You may be, depending on the legal departments classification of the probation violation, disqualified from the Navy altogether.

  46. Tammy:

    My son went into college right after H.S., decided a year later he wanted to join the service. During college he made a very bad decision to smoking pot with friends he had at that time in his life.

    However, he said No more, went right into the local military office, sat down with the recruiter explained everything in truth, that’s when the real journey of his hopes and dreams started. He worked out everyday, several times with his recruiter. The recruiter had him on a strict diet, even made him wear body raps. The recruiter new when he smoke pot for the last time. The recruiter was pushing for him to hurry so to get in the next group going to basic training, I at that time personally went into the recruiter office to state my concerns that this might be to soon to take the physical. My don and I, was concerned that the drug would still show up. BUT he did what the recruiter told him to do.

    The recruiter said he believe my son would be okay. has taken the asvab test twice his highest score was 59, past everything except the drug test! The results were very low, however changed his life forever! Since then he has tried all branches with no hope no help. He is now 24 years old and still want to serve his country! He has no drug charges or felonies on his record, only failed Military drug test by a low result with the knowledge of his recruiter !

    Can he get a waiver?

  47. Tammy:

    If it was a positive for alcohol on the initial DAT you are ineligible for military service for a period of 45 days from the date of the DAT. You can only retest on or after their 46th day following the initial test./

    He NEVER had this chance given to him, so since he is way past the 46th day can he re-take the test?

  48. NCCM(ret):

    Tammy,

    Was he disqualified for drugs or alcohol? If it was drugs, then he does not get to retest – if it was for alcohol, then he has the retest opportunity as described.

  49. Tammy:

    It was pot. HOWEVER his recruiter, and I (his mom) new! The recruiter is the one that pushed the date for the Test! He tested my son in his office given a Negitive result! This should be against the law as equal as POT.

  50. NCCM(ret):

    Tammy,

    There is no waiver or other means of recourse.

  51. Jaaval:

    In 2006 I was charged with forgery and disturbing the peace. I am currently in my second year seminary; graduate student working on my Masters of Divinity to become a chaplain. The forgery was oringinally a felony, but was reduced to a misdeameanor after 1 year. The disturbing the peace charge is a misdeameanor as well. The Forgery was for passing a stolen check, I did not the steal the checks however, but did cash it using my ID. I did not know they were stolen but that did not matter to court. Do I have a chance of getting a waiver or am I just wasting my time. I have my B.A and second year into Masters, does this matter to waiver authority
    Thank You
    Jaaval

  52. Jaaval:

    PS
    I have 1 charge with 3 counts of forgery because 3 checks were used.
    jaaval

  53. NCCM(ret):

    Jaaval,

    The Navy Recruiting legal department would have to review the actual court records, but my experience tells me that each forgery count would count as a separate felony charge – those three felonies would put you out of the running for a waiver.

  54. Jaaval:

    80,000+ for school, hours of hard work to obtain B.A. double major C.J, and Psychology. 3200 dollar mistake, and a bad relationship should not determine who I am, what I have accomplished and the progress I have made since then.
    Thanks
    Jaaval

  55. Brian:

    Hi I am trying to join the Navy for AIRR..I have passed my Physical and my PST. I qualified for AIRR on my asvab and the last step is to get a waiver for my criminal. I would like to ask if it would be a problem to get a waiver. Here is my record.

    1. Speeding ticket (80 in a 70)
    2. Exhibition Driving (Squeeled my tires)
    3. No Insurance ticket
    4. Minor Consumption of Alcohol
    5. Minor Consumption of Alcohol
    6. Theft (dined and ditched at a chinese restaurant with a friend)

    All my tickets and fines have been paid in full.

    Also the last ticket i received dates back to September 31, 2009. I have not got into any trouble with the law since then, its been almost a year so hopefully they see I have changed since then.
    Thanks

  56. Rhauny Cole:

    My fiance is going through all of his pre screening right now for the Army, he is 40 yrs old. He got a dui when he was 26 ( 14 years ago) but has had no violations and no trouble since, that was just a stupid mistake on his part! But now he is devastated thinking he may not have an opportunity to serve his Country based on this. Wgat are his chances of a waiver being approved? Any help is greatly appreciated. Both of my son’s serve and I know this means the world to him* Thank you

  57. NCCM(ret):

    Rhauny,

    As long as the DUI is his only infraction and has no other incidents involving alcohol, he should be OK. Keep in mind that the recruiter will not continue his processing if he saw something in his past that would stop him from enlisting.

  58. NCCM(ret):

    Brian,

    You could get a waiver because the combined charges “fit” in the matrix, but having your last incident less than a year ago, and two of the charges are alcohol related – you will run into some resistance. It will come down to the rest of your record, test scores, etc, and how you answer the questions posed to you by the NRD wavier authority because, if they forward it, they will have to write a solid recommendation. Remember to be respectful and take ownership of all your issues.

  59. Brian:

    My recruiter said that if i tell the Waiver authorities in the interview that Im willing to sign up for a job other than AIRR i would have a better chance getting the waiver approved then if i said i only want to do AIRR. He said it would show commitment, but i dont want to sign up for a different job, i want AIRR. So if i sign up for say…OS? would it be difficult to switch ratings before boot camp? I ultimately want AIRR, so whatever i gotta do to make sure i get that i want to do. I qualified for AIRR on my asvab, passed my physical and did awesome on the PST. the only thing i need to have happen is my waiver get approved..any advice on the situation would be very appreciated.

  60. NCCM(ret):

    Brian,

    You need a moral waiver to join the Navy, and a separate program waiver to be an AIRR. I do not recommend that you join thinking you will change jobs – the job may not come available in the time you have DEP, not to mention the fact that you may not get a program waiver for it. I do agree, however, that you should broaden your horizons a little, and at least consider other avenues.

  61. MN:

    I have recently gotten a 2nd dui. I understand that I must pay for my crime and let time pass before I am eligible to even begin the process. Before I had turned 21 I had gotten in trouble in High School and College with alcohol 5 times.

    I take full responsibility for my actions and the situations I put myself in. I have 2 degrees: 1 is a four year degree, the other is an associates in X-Ray. I participate in community service voluntarily, I feel that I could score well on the ASVAB, and I work very hard and feel that I could get excellent references from employers. I want very much to make amends for all that I have done and I am very dedicated to my country.

    Is there any way that I would be eligible for a waiver, and is there anything I could do to better my chances at even an opportunity in the reserves as an officer?

    Thank You

  62. NCCM(ret):

    MN,

    “Before I had turned 21 I had gotten in trouble in High School and College with alcohol 5 times.” –were you given tickets or arrested for those events; what do you mean by “trouble”?

  63. MN:

    Given tickets and did community service. Such as being at a party and then everyone under 21 was given a citation.

    Thank You

  64. Jdix:

    I recently posted on Aug 19th about my checkered background. I wanted to know how long it take for the moral waiver process? I turned in all the court and legal documented paperwork that the recruiter asked for and he told me it was a two week process. Its now going into a month and he has not contacted me to let me know anything on my situation. I have tried speaking with him but he is never in the office. Should I try speaking with another recruiter or just wait it out? Also I understand that October is the beginning of the new military calender and recruitment process could my wait have something to do with this?

  65. NCCM(ret):

    Jdix,

    You should have an answer from the Recruiter about if they can proceed by now. If you cannot contact him tomorrow, contact the Recruiter-in-Charge of the station.

  66. MN:

    I was just curious of your opinion if there is anything I could do to better myself for an opportunity in any branch of the military?

    Thank You.

  67. NCCM(ret):

    MN,

    You need to have a local Recruiter look at your police records and decipher the incidents. You may have too many alcohol related offenses to be basically qualified.

  68. nadine:

    What are my chances with joining the navy with these charges? All fines have been paid

    Tickets
    Shouldn’t count(No proof of insurance) and driving with permit.
    Driving with permit
    Speeding
    Speeding
    Back tail light
    Speeding
    Hov lane
    Illegal turn

    Theft by shoplifting (felony) got first time, offender probation, and one class of ethic, and no jail time.

    Remediation: juvenile fighting in school (community service, and one session of anger management class)

  69. NCCM(ret):

    Nadine,

    As I mention in the post, there are truly so many factors that go into the waiver process that me giving a prognostication for a list of charges that are not immediately glaring as automatic “no’s” would be miss leading at best.

    Your shoplifting charge was listed as a felony? That is very unusual.

  70. James:

    Not a new concern I’m sure, but need some advice. Going to MEPS the first week in October for IS. I currently have waivers for 2 speeding tickets and a tattoo sleeve. However, when it came to the “drug usage” question I admitted to experimenting with Marijuana only in high school (10 years ago). My recruier suggests I do not disclose that information, but I do not want to get fraudulent enlistmnet charges down the road or fail clearence checks. I plan to be honest at MEPS. Is there a number of times used for a waiver or is one time too many? Also, does that immediately DQ my Intel chances? Thanks

  71. mommy:

    I am a mtoher of an 18 year old son…he got himself into some trouble 2 months before he turned 18…he attempted suicide with a pellet gun…and assulted me…he was charged with attempted suicide in the 3rd degree…possesion of an illegal pellet gun in the 3rd…and assult in the 3rd…he was removed from my home hwere he was living…he served probation for 6 months and released…he ahs no contact with me due to the situation…i know that he has been trying to get into the navy…i was told he has to report in once a week to an officer…and will be going into the navy sometime in july of next year…why would he be meeing with someone from the navy once a week…and why would they be waiting a whole year for his date to serve…

    mother with questions

  72. NCCM(ret):

    Mommy,

    I have had applicants meet with me weekly that needed to lose weight, but I don’t understand why a Recruiter would have your son meet with him. Based on what you are telling me, he doesn’t sound eligible – glaring are the recent suicide attempt, charge, and the assault on a family member (domestic violence, depending on the wording, is automatically a “no waiver authorized” charge).

  73. NCCM(ret):

    James,

    I do not answer specific drug usage numbers as they relate to waivers. MJ use is a waiverable disqualification for Intel.

  74. mommy:

    I looked over the original charges pressed on my son by the local police, since i am the mother the local police pressed the charges..i was not permitted to drop the charges if the police placed the cahrges…he was charged with domestic violence in the 3rd degree…since i was taken out by ambulance….illegal possesion of a gun in the 3rd….and attempted suicide in the 3rd…he was ordered in november 2009 to seek counseling and serve probation…a restraining order was in place…so that he could not come around myself or my home since i have 2 other minor chilren…he appeared in court in june 10…he complied with the orders and the case was closed…i am confused as to him reporting to the recuiter once a week on tuesdays….my son claims his date to report is july 6, 2011…he is not over weight in anyway…why would they be waiting a year to give him a date to start….and why would they be seeing him for a complete year once a week…is there anyway to get this waived so that he can fulfill his dream to serve in the navy…like his great grandfather..grandfather and father did…to follow in their footsteps…

  75. Brian:

    My son was arrested for shop lifting and charged with Felony Burglary. He plead guilty and the charges were reduced to a Misdomeanor Petty Theft and he was given 3 years probation. He is no longer on probation. Does he require a waiver?

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