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Serious Misdemeanors

Misconduct Offenses

Written by
Published: May 23, 2010
Updated: February 12, 2019

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.



801 Responses to “Misconduct Offenses”


  1. NCCM(Ret) says:

    Kathy,

    The police and court records would have to be reviewed and a determination made. All DV related cases must be reviewed by the service’s legal department. He would have to find an Air Force Reserve recruiter who would forward the documents for review.

  2. Jane says:

    Hello –
    I was arrested and booked for an argument with my boyfriend at the time who was abusive – they took him away despite him severely punching me in the face
    i was arrested for assault and 2 counts of interferring with dv investigation
    it turned out to be nothing because the district attorney was quickly called so all that happened was that i was booked and let go – no court no plea no nothing i have a nc as my disposition in washington my recruiter cannot find any record of my “conviction” or charge because obviously i was never convicted just dismissed – the district attorney removed my mugshot and fingerprints and didnt send it out i didnt have any conditions

    can i join the navy or not

  3. NCCM(Ret) says:

    Jane,

    You would need to have the arrest report and the court records — unless the charge was expunged, those would still be there. Absent those documents because they cannot be located for whatever reason, you would have to write a detailed handwritten statement that explains everything. The CNRC legal department would then have to make a determination based on the statement and a possible phone call to the DA’s office.

  4. Matthew says:

    I have a M2 for Unauthorized Entry of a Motor Vehicle. What are the odds of me getting accepted for a waiver within the United States Navy? I wasn’t directly involved with the incident, Just got picked up in a car that was stolen and didn’t know it was stolen at all until a detective called me in to speak on the matter. Best regards to whomever responds to this and HOOYAH.

  5. NCCM(Ret) says:

    Matthew,

    Waiver consideration and ultimate approval would depend on your history. Whether or not you have other adversely adjudicated conduct related events; your education, job history, ASVAB scores, etc. You would need to sit down and discuss your options with a recruiter. Bottomline, based on the minimal information you provided, it may be possible.

  6. Tim says:

    Back in 2010 a friend at the time was giving me a ride home. Cops pulled us over and without my knowledge the car was stolen. Long story short I was charged but not convicted of the felony but with disorderly conduct. Since then I have had no issues with the law, I’ve received a college degree with a strong gpa and have maintained a good job. It’s been a dream to serve my country and I would like to know if I have a good shot at receiving a moral waiver.

  7. NCCM(Ret) says:

    Tim,

    I think your chances are good, but the police and court records would need to be reviewed.

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Unless otherwise noted, content written by Thomas Goering, NCCM USN(RET).

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