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Serious Misdemeanors

Misconduct Offenses

Updated: October 25, 2015

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.

Misconduct Examples

Aggravated assault, fighting or battery (more than $500 fine or restitution or confinement).
Carrying of weapon on school grounds (non-firearm)
Concealment or failure to report a felony.
Contributing to delinquency of minor.
Crimes against the family. (non-payment of court ordered child support/alimony)
Criminal mischief (more than $500 fine or restitution or confinement).
Criminal trespass.
Desecration of grave.
Domestic battery/violence, not considered Lautenberg Amendment.
Driving while drugged or intoxicated, or driving while ability impaired, permitting a DUI.
Illegal or fraudulent use of a credit card, bank card (value less than $500).
Larceny or conversion (value less than $500).
Leaving scene of accident (hit and run).
Looting.
Mailbox destruction.
Mailing, to include e-mail, of obscene or indecent matter.
Possession of marijuana or drug paraphernalia.
Prostitution or solicitation for prostitution.
Reckless driving, careless, or imprudent (considered a serious misdemeanor when the fine is $300 or more or when confinement is imposed).
Reckless endangerment.
Resisting arrest or eluding police.
Selling or leasing weapons.
Stolen property, knowingly receiving (value $500 or less).
Throwing rocks on a highway, throwing missiles at sporting events, throwing objects at vehicles.
Unauthorized use/taking of a vehicle/conveyance from family member, joyriding.
Unlawful carrying of firearms; carrying concealed firearm.
Unlawful entry.
Use of telephone, internet, or other electronic means to abuse, annoy, harass, threaten, or torment another.
Vandalism (more than $500 fine or restitution of confinement).
Willfully discharging firearm so as to endanger life; shooting in public place.


Offenses of comparable seriousness should be treated as misconduct offenses. In doubtful cases, the following rule should be applied: If the maximum confinement under local law exceeds four months but does not exceed one year, the offense should be treated as a misconduct offense.



764 Responses to “Misconduct Offenses”


  1. NCCM(Ret) says:

    Stephen,

    I have no way of knowing your chances, but it is possible once you have completed all court requirements.

  2. Rubina says:

    I was separated from the army with an RE-3 code for misconduct serious offense. I was accused of slapping my roommates butt. Couldn’t prove I didn’t do it and with all the hype about sexual assualt my commander just wanted the problem gone instead of fighting for me. I want to join the navy cause I felt I was targeted due to my sexual orientation. What are my chances of getting a waiver? I have several charcaters reference letters from different Sergeants and I had no issues with misconduct sense I left I work as a supervisor at a security company. I don’t have the fincial means to try and get my DD214 changed.

  3. NCCM(Ret) says:

    Rubina,

    Being discharged for sexual assault, and I assume an RE-4 discharge code, renders you ineligible for waiver consideration and reenlistment.

  4. Rubina says:

    I have an RE-3 code for misconduct with a general under honorable conditions. There was never substantial proof to charge me with sexual assualt. It was he said she said.

  5. NCCM(Ret) says:

    Rubina,

    You received a General discharge that stemmed from a sexual assault allegation — essentially providing an adverse adjudication for the offense. Because you decided not to fight it does not give you a pass on it later. I don’t think you will find any branch of service who would, or even could (legal would have to determine whether putting you back in would be breaking the law due to the relatively law change concerning sexual offenses), entertain a waiver.

    You asked this question a couple of months ago, so I assume you have been to a recruiter by now?

  6. Mike says:

    I was charged for 3rd degree assault 4years ago. Went to the Navy recruiter,disclosed it with her she said it’s okay. Started the process by taking the asvab and physical ,did well on asvab..Recruiter said I’ll need a waiver before I swear in.. I already submitted my statement to her along with court minutes and documents showing that I had completed 20days community service,she told me she’d have to submit the request and keep my fingers crossed..Given that I had no other problems with law,70 on my asvab,and the 4 year period from the crime,,how do you think this will go and how long does the waiver process take ..thank you

  7. NCCM(Ret) says:

    Mike,

    As long as it was not domestic violence related, and it was not originally charged as a felony — nor does it meet the minimum standard for a Major Misconduct Offense (assault with a dangerous weapon, etc.), then a waiver is likely provided you are otherwise fully qualified.

  8. Mike says:

    Thank you ,and how long does it normally take to be determined?

  9. NCCM(Ret) says:

    Mike,

    It depends on the factors that I mentioned. If DV related, then it has to go to CNRC legal for a determination; otherwise, it shouldn’t take as long as it has to determine whether or not you can process. The waiver itself won’t be officially completed until after your physical (normally on that same day).

  10. Mike says:

    Thanks, it isn’t dv And I have already taken the asvab and physical.. was wondering how that works given that I already went to meps .can you please inform me of the process it will go through? Thanks

  11. NCCM(Ret) says:

    Mike,

    If your charge involved a dangerous weapon, then it is more than likely a Major Misconduct Offense, and the Navy isn’t processing them currently. Based on the limited information you have provided, you should already be in the Navy.

  12. Mike says:

    Wow, I kinda felt the same way , and no weapons weren’t involved..I found it strange that they didn’t accept it after I did the physical.

  13. NCCM(Ret) says:

    Mike,

    By chance, did they have you fill out a job request form — something like a list of things you would want to be in the Navy? If so, they may be trying to find your best fit before they call you — there are a small number of districts, now known as NTAGs, that are trying a new approach. Are you in one of the NTAG areas? That is more for my own curiosity than anything else (please only give a yes or no — I redact locations for privacy sake).

    Either way, I recommend that you call your recruiter to try and gain some more insight of why there is a delay — your recruiter should have specifics.

  14. Mike says:

    No,I am not .and yea I will check with the recruiter in 2 days .last time I spoke with her was last week,she informed me that she was sending the package out because her captain was on vacation for the holiday seasons(scratching my head)

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