Re: Disqualification due to misdemeanor
To answer your question, I checked Army Regulation 601-210; Personnel Procurement: Active and Reserve Components Enlistment Program.
Originally Posted by careeroriented87
This is the regulation that – among other things, speaks to your question. I’ve trimmed and highlighted the information so that only what deals with your situation is presented. Please read it all the way through and ask more questions if you don’t understand anything.
When you fill out the paperwork for Enlistment, DON’T evade the conviction. Admit it, and request a WAIVER. You will need to submit a complete set of Court Documents on the conviction.
Applicants who do not meet established enlistment standards are not eligible for enlistment unless a waiver is authorized. Commanders cited in this regulation have the authority to approve waivers as appropriate. The burden is on the applicant to prove to waiver authorities that he or she has overcome their disqualifications for enlistment and that their acceptance would be in the best interests of the Army. Waiver authorities will apply the “whole person” concept when considering waiver applications.
Applicants with a criminal history (regardless of disposition) , but because of plea bargains, must have a suitability review for determination of enlistment. The Reviewer will determine if a personal interview with the applicant is required, and, if so, may be accomplished telephonically.
Suitability review will be conducted prior to any moral waiver processing on allapplicants in the case of a Domestic battery/violence charge as defined under the “Lautenberg law”, regardless of disposition:
The Domestic Violence (“Lautenberg”) Amendment to the Gun Control Act of 1968 (18 USC922) makes it unlawful for any person to transfer, issue, sell or otherwise dispose of firearms or ammunition to any person whom he or she knows or has reasonable cause to believe has been convicted of a misdemeanor crime of domestic violence. It is also unlawful for any person who has been convicted of a misdemeanor crime of domestic violence to receive any firearm or ammunition that has been shipped or transported in interstate or foreign commerce. Enlistment of applicants with a qualifying conviction is prohibited and no waivers will be approved. Soldiers with a qualifying conviction will be barred from reenlistment and are not eligible for the indefinite reenlistment program. Soldiers in the indefinite reenlistment program will be given an ETS not to exceed 12 months from the date HQDA is notified of the qualifying conviction. Applicants who have enlisted in the DEP who are found to have a qualifying conviction will be separated from the DEP. For the purpose of this paragraph only, the following definitions apply:
(1) Crime of domestic violence. An offense that involves the use or attempted use of physical force, or threatened use of a deadly weapon committed by a current or former spouse, parent, or guardian of the victim; by a person with whom the victim shares a child in common; by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian; or by a person who was similarly situated to a spouse, parent, or guardian of the victim. Persons who are similarly situated to a spouse include two persons who are residing at the same location in an intimate relationship with the intent to make that place their home.
(2) Qualifying conviction. A state or federal conviction for a misdemeanor crime of domestic violence and any general or special court-martial for an offense that otherwise meets the elements of a crime of domestic violence, even though not classified as a misdemeanor or felony. A qualifying conviction does not include a summary court-martial conviction or the imposition of nonjudicial punishment under Article 15, UCMJ. By DOD policy, a state or federal conviction for a felony crime of domestic violence adjudged on or after 27 November 2002, will be considered a qualifying conviction for purposes of this regulation and will be subject to all the restrictions and prohibitions of this regulation. A person will not be considered to have a qualifying conviction unless the convicted offender was represented by counsel or knowingly and intelligently waived the right to counsel, and, if entitled to have the case tried by a jury, the case was actually tried by a jury, or the person knowingly and intelligently waived the right to have the case tried by a jury; and, the conviction- has not been expunged or set aside, or the convicted offender has not been pardoned for the offense, or had civil rights restored; unless the pardon, expungement, or restoration of civil rights provides that the person may not ship, transport, possess, or receive firearms.
Court disposition definitions
a. Applicants who have entered a plea of nolo contendere that was accepted by the court despite later processing in the same case to permit dismissal, expungement, amnesty, pardon, or clemency based on any of the following are considered to have a conviction:
(1) Absence of later violations.
(2) Evidence of rehabilitation.
(3) Satisfactory completion of a period of probation or parole.
(4) Any other legal appeal that does not change the original finding on its own merit.
b. Applicant who, as a condition for any civil conviction or adverse disposition or any other reason through a civil or criminal court, is ordered or subjected to a sentence that implies or imposes enlistment into the Armed Forces of the United States is not eligible for enlistment unless—
(1) The condition is removed by the same or higher authority imposing the sentence.
(2) The condition is removed by virtue of expired period of sentence.
(3) The condition is over 12 months from imposition and the court, city, county, or State no longer obligates the applicant to this condition.
SSG Cornelius Seon, USA (Retired)
We must respect the other fellow’s religion, but only in the sense and to the extent that we respect his theory that his wife is beautiful and his children smart.