Waivable and Nonwaivable Enlistment Criteria
a. Applicants requiring four or more TAG level waivers are ineligible for enlistment.
b. Two or more NGB level waivers (excludes medical) are ineligible for enlistment.
c. Three or more TAG level waivers combined with two or more NGB level waivers (excludes medical) are ineligible for enlistment.
4-22. Nonwaivable medical, conduct, and administrative disqualifications
The following disqualifications cannot be waived:
a. Intoxicated or under influence of alcohol or drugs at time of application, or at any stage of processing for enlistment.
b. Alcoholism. Person not in sustained remission (less than 12 months since last occurrence of any diagnostic criterion or determined unfit by the Service surgeon or after examination by the chief medical officer at the MEPS; alcohol rehabilitation failure; or currently enrolled in an alcohol recovery program.
c. Drug dependence. Person not in sustained remission (less than 12 months since last occurrence of any diagnostic criterion or determined unfit by the Service surgeon or after examination by the chief medical officer at the MEPS; drug rehabilitation failure; or currently enrolled in a drug recovery program.
d. Person unable to present evidence of PS claimed, until such service has been verified.
e. Person whose enlistment is not clearly consistent with interests of national security under AR 601-280.
f. Person retained on AD under AR 601-280 with annotation “not eligible for security clearance or assignment to sensitive duties, AR 601-280.”
g. Person with criminal or juvenile court charges filed or pending against him or her by civil authorities. Note - Pending charges include unpaid traffic violations. Authorized reception battalion commanders and initial entry training commanders may consider that, in certain meritorious cases, unpaid minor traffic tickets that are subsequently paid after entry did not constitute fraudulent entry. In those limited circumstances, separation processing under AR 635-200 is not required. All other cases meeting the provisions of fraudulent entry criteria must be processed in accordance with AR 635-200.
h. Person under civil restraint, such as, confinement, parole, or probation.
i. Subject of civilian court conviction or adverse disposition for more than one major misconduct (felony level) offense.
j. All applicants (non-PS personnel or PS officer and enlisted personnel) who received a conviction for a sex offense are not eligible for enlistment or appointment. No waivers are authorized. Further, personnel separated as a result of the convicted sex offender policy are not eligible to enter or reenter the three components of the Army. There is no grandfather clause to this policy. Additionally, applicants who are currently or have been listed on any Federal or State Sex Offender Registry are not eligible to enlist. No waivers are authorized. Below is a list of typical sex offenses:
(2) Carnal knowledge.
(3) Forcible sodomy.
(4) Sodomy of a minor.
(5) Conduct unbecoming an officer (involving any sexually violent offense, a criminal offense of a sexual nature against a minor, or kidnapping a minor).
(6) Prostitution involving a minor.
(7) Indecent assault.
(8) Assault with the intent to commit rape or sodomy.
(9) Indecent act with a minor.
(10) Indecent language to a minor.
(11) Kidnapping of a minor (not by a parent).
(12) Pornography involving a minor.
(13) Conduct prejudicial to good order and discipline or assimilative crime conviction (involving any sexually violent offense or a criminal offense of a sexual nature against a minor or kidnapping of a minor).
(14) Attempt to commit, conspiracy to commit, or solicitation to commit any of the offenses in paragraphs 1 through 13 above.
a. Physically disqualified.
b. Military Personnel Security Program.
c. Release from entry on AD by reason of physical disability and reversion to inactive status for the purpose of retirement under 10 USC 12731 through 12738, instead of discharge with entitlement to receive disability retirement pay.
d. Physical disability resulting from intentional misconduct or willful neglect, or incurred during period of unauthorized absence. No entitlement to severance pay.
e. Desertion or dropped from rolls.
f. Permanently retired by reason of physical disability.
g. Retirement after 20 years of active Federal service.
h. Officers removed from active or inactive Service by reason of having attained maximum age or service (AR 140-10).
i. Discharged by reason of conscientious objection (AR 600-43).
j. Previous separation for unfitness, unsuitability, unsatisfactory performance, misconduct, or bar to reenlistment, with 18 or more years of active Federal Service completed.
k. Applicant for retirement and persons receiving retired, retirement, or retainer pay, except for combat-wounded personnel (see Chap 5, sec XIII). This prohibition is not applicable to reservists who are members of the Retired Reserve and who are not receiving retired, retirement, or retainer pay.
l. Person with an other than honorable, bad conduct, or dishonorable discharge.
m. Person with PS last discharged from any component of the U.S. Armed Forces for drug or alcohol abuse, or as rehabilitation failure during last period of service.
n. Person barred from reenlistment by a qualitative management board by HQDA or ARNG and coded RE-4.
2-3. Administrative waiver procedures (IAW AOC Annex A Para 2-3)
a. Waiver requests received at MILPOs will be thoroughly reviewed and analyzed by the waivers analyst prior to submitting the waiver to TAG for recommendation or approval.
b. The waivers analyst will review the waiver packet to ensure all required documentation is included in the packet. The waivers analyst will also review the packet for administrative correctness and to ensure the applicant did not process with open charges.
c. The ARNG will not accept an administrative waiver from any other service. Waivers from other Army components will be reviewed.
d. Prior to the electronic submission of a waiver to DARNG, ensure the endorsement from TAG is included in the packet.
e. If applicant has law violations then include an applicant statement per AOC Annex A paragraph 2-2b of the offenses in the waiver packet.
4-15. Conscientious objection
a. The approval authority for enlistment is the DARNG.
b. Conscientious objectors are persons who profess conscientious objections or religious convictions at time of application for enlistment that would restrict assignments and who desire to enlist as noncombatants.
c. The PS applicants with a history of conscientious objections, must not have been discharged by reason of conscientious objection under provisions of AR 600-43. See AOC Annex A Table 2 for current waiver eligibility.
d. The following documents are required for submission of a waiver under this paragraph:
(1) A memorandum prepared per instructions in paragraph 4-28.
(2) DD Form 1966 and SF 86.
(3) For PS, DD Form 214, DD Form 215, DD Form 220, or NGB Form 22.
(4) Letters that substantiate a claim to this status; information as required by AR 600-43; and a personal letter expressing desire to enlist in the Army.
(5) Applicant’s current MEPS physical examination.
(6) A copy of applicant’s USMEPCOM authorized document that clearly displays applicant’s ASVAB date and results.
(1) Positive for marijuana and alcohol.
(a) If applicant’s first test is positive, they must wait 90 days from the date the results are posted before retest. ARNG-HRR-O is the approving authority.
(b) If applicant’s second test is positive, applicant is permanently disqualified and no waivers or exceptions to policy will be considered.
(2) Positive for cocaine or any other drug tested for (excluding marijuana).
(a) If applicant’s first test is positive, the applicant is permanently disqualified.
(b) There are no waivers or exception to policy authorized for positive tests other than marijuana.
Note: A copy of the DD Form 2807-1 and DD Form 2808 (with DAT results posted) will be submitted with all waivers sent to DARNG.
Reference: AR 600-20 Para 5-5.
a. Any applicant who does not meet the dependent criteria of this regulation, requires a waiver, if applicable.
b. The approval authority for dependent waivers is the TAG.
c. For Dependency waivers, the following documents are required if applicable:(IAW AOC Annex A):
(1) NGB 22-3 Request for Waiver
(2) A dependency memorandum
(3) DD Form 214, DD Form 215, NGB Form 22, and DD Form 220 as applicable
(4) SF86 (Electronic)
(5) DA Form 3072-2 Financial Statement
For Single Parent:
(6) DA Form 7666 Parental Consent
(7) DA Form 7667 Family Care Plan Preliminary Screening.
(8) DA Form 5304 Family Care Plan Counseling Checklist
(9) DA Form 5305 Family Care Plan
(10) DA Form 5841 Power of Attorney
(11) DA Form 5840 Certificate of Acceptance as Guardian or Escort
(12) Divorce decree if applicable
(1) Was killed or died as a result of wounds, accident, or disease.
(2) Is in a captured or missing-in-action status.
(3) Is permanently 100-percent physically disabled (including 100-percent mental disability), as determined by the Veterans Administration or one of the military Services.
b. The approval authority is TAG IAW AOC Annex A Table 2.
c. The following documents are required for submission of a waiver under this paragraph:
(1) DD Form 214, DD Form 215, NGB Form 22, and DD Form 220.
(2) DD Form 1966 and SF 86.
(3) Statement, signed by applicant, requesting that the surviving person designation be withdrawn. This statement also will acknowledge that-
(a) Applicant is available for worldwide assignment, including combat-zone assignment.
(b) Future requests for separation based on survivor status may or may not be honored.
(c) Future requests for reassignment based on survivor status will not be honored.
(4) A copy of applicant’s USMEPCOM authorized document that clearly displays applicant’s ASVAB date and results.
(1) Requests for all medical waivers will be submitted by the BN Operations for NPS medical waivers and waivers for PS disqualified during MEPS physical examination (PE). When the BN Operations receives notification that the applicant is disqualified, they will initiate the Medical Waiver workflow.
(2) A PS or GNPS applicant who was discharged from any component of the Armed Forces for the following reasons requires a medical waiver regardless of PE results at the MEPS. The approval authority is the ARNG Office of the Chief Surgeon (ARNG-CSG). BN Operations will submit the waiver following the same procedures as NPS applicants.
(a) Disability (Temporary, Permanent, Aggravation, Severance Pay, Not in line of duty)
(b) Disability (Existed Prior to Service, Physical Evaluation Board)
(c) Failure to meet medical procurement standards (excludes for Drug Abuse)
(d) Medically Unfit for Retention
(e) Physical Condition (includes: Physical Condition not a disability)
(f) Personality Disorder (includes Character or Behavior Disorder
(3) The ARNG-CSG has the authority under the provisions of AR 40-501, paragraph 7-8e, to revise the physical profiles for approved medical waivers of applicants processing for enlistment into the ARNG.
(4) Any change made by the ARNG-CSG to the physical profile of an approved medical waiver is valid for enlistment. For example: An applicant is disqualified by the MEPS physician and receives a 3 physical profile under the PULHES. The applicant receives an approved medical waiver with a new physical profile, either 1 or 2, which was changed by the ARNG-CSG. This is the correct physical profile used to enlist the applicant.
(5) Any changes made to an applicant’s physical profile by the Chief Surgeon will be stamped indicating the new physical profile on the workflow.
Note: IAW AR 601-210 Para 4-26, medical waivers may not be resubmitted unless original condition has changed.
2-4. Suspended Medical Conditions
The following conditions are ineligible for a waiver. Requests for waivers on above conditions cannot be considered and also slow the entire waiver process for conditions that warrant consideration.
(1) Self-mutilation as a means of emotional coping (ICD-9 code 300.9)
(2) Suicide attempt/gesture; any overdose on medication whether prescription or over-the-counter (IDC-9 code 989.9/E950 - E959)
(3) Mood disorders (ICD-9 codes 296.00 -2 96.99)
(4) Depression (ICD-9 codes 296.00 - 319.9)
(5) Bipolar disorder (ICD-9 code 296.00 -2 96.99)
(6) Drug/alcohol dependence (recurrent or less than 12 months in sustained remission)(ICD-9 codes 303 - 304)
(1) Inflammatory bowel disease (ulcerative colitis ICD-9 code 556.9, Crohn’s disease ICD-9 code 555.9, toxic megacolon ICD-9 code 564.7, and other nonspecified inflammatory noninfectious colitis ICD-9 code 558.9 )
(2) Neurofibromatosis or Von Recklinghausen syndrome (ICD-9 code 237.7)
(3) Keratoconus (ICD-9 code 371.60)
(4) Glaucoma (ICD-9 code 365.0 - 365.9)
(5) Lattice degeneration (may be considered with successful laser repare) (ICD-9 code 362.63)
(6) Duane’s syndrome/esotropia when bilateral (ICD-9 code 378.71)
(7) Herpes disciform keratitis (ICD-9 code 054.0 - 054.9)
(8) Organ transplant recepients on immunosuppressants (ICD-9 code V42.0 - V42.9)
(9) Repeat orthopaedic surgeries on same joint
(10) Post-adolescent asthma (ICD-9 code 493 )
(11) ADHD on medication after age of 14 or with comorbid diagnoses (ICD-9 code 314)
(12) HIV (ICD-9 code 042 - 044)
(13) Anaphylaxis: peanut, sting, latex, aminoglycoside or 3rd gen cephalosporin, any epi-pen (ICD-9 code 995)
(14) Dysplastic nevus syndrome (ICD-9 code 216.3)
(15) Diabetes mellitus (ICD-9 code 250.00 - 250.93)
(16) Most cancers unless cleared by oncologist and at least 5 years since last treatment
(17) Epilepsy (ICD-9 code 345.0 - 345.9); may apply if off all medications and no seizures for past 5 years and negative EEG done by a Neurologist
2-2. Conduct Waiver Procedures (IAW AOC Annex A Chapter 2)
a. Waiver requests received at recruiting battalions will be reviewed and analyzed by the military personnel technician (waivers analyst), Assistant Operations NCO, or the Operations NCOIC. The waiver will be thoroughly reviewed for accuracy. They will also review the packet to ensure the applicant did not process with open charges. The waivers expert and Operations NCO will validate the packet’s completeness and forward it to the approving authority.
b. TAG or acting TAG (on orders) will interview all applicants requiring a serious criminal misconduct waiver. This requirement can be delegated to (but no lower than) the MILPO.
c. Applicants will submit a detailed description of all offenses (applicant statement). This account will be included as part of the documentation in the waiver packet.
d. Once a determination is made by TAG, the approval memorandum will be scanned into ERM under Waiver Cover Letter. The Operations NCO or waivers analyst will then approve or disapprove the workflow in WATS upon receipt. For waivers requiring approval from ARNG-HRR, the memorandum requesting waiver will be scanned into ERM under memorandum requesting waiver and forwarded to ARNG-HRR for final determination.
e. If an applicant declines or requests termination of a pending waiver action, each level will notify the next level in the chain of command by e-mail or telephone to permit final disposition of suspense files.
f. Under the 09S Enlistment option, applicants who require a conduct waiver per AR 601-210 para 4-6 or NGR 600-100 are not authorized to enlist until approved by ARNG-HRH-O. Approvals must be processed through ARNG-HRH-O via the eTRACKER-HRH.
g. AR 601-210 para 4-24 provides instructions for processing Prior Service applicants with law violations that occurred prior to Honorable Service. These rules only apply in cases where the applicant ETS from an Army component. All other cases must be submitted to the ASO for review by DA-G1. Charges that are not considered current must be listed.
h. Submissions must adhere to the waiting periods after confinement in AR 601-210 4-32.
3-1. Suitability (IAW AOC Annex A Chapter 3)
ARNG will adhere to the requirements for a conduct suitability review as outlined in AR 601-210, paragraphs 4-2, 4-7, and all other references pertaining to moral suitability.
(1) Domestic violence/domestic crimes. If an applicant is originally charged with any type of domestic violence/domestic crime (as defined in AR 601-210), regardless of final disposition, requires a suitability review by the ASO.
(2) Sex crimes (any offense of a sexual nature). If an applicant has been originally charged with any type of sex crime, regardless of its final disposition, their application requires a suitability review by the ASO.
(3) Adult/juvenile felony charge(s) under the local law and any offense(s) listed as major misconduct (level 400), regardless of the final disposition.
(4) Actions as defined in AR 601-210 Para 4-4c(2) - Applicants who are granted release from charges at any stage of court proceedings if they will apply or be accepted for enlistment in any U.S. Armed Forces.
(5) Charges as listed in AOC Annex A Table 3.
(1) Completed Security Clearance Application (SF 86).
(2) All police reports, court documents, probation reports, DD Form 369s.
(3) Hand written detailed applicant statements for all offenses (except traffic).
(4) The Suitability Checklist (AOC Annex A Figure 9) listing all offenses (including traffic) regardless of disposition. Note: IAW AOC, an unsigned NGB 22-3 can also be use to list all offenses.
(1) If the maximum confinement under local law is 6 months or fewer, the offense should be treated as a non-traffic offense (see Table 4-2). If the maximum confinement under local law exceeds 6 months, but does not exceed 1 year, treat the offense as a misconduct offense (see Table 4-3). If the maximum confinement exceeds 1 year, treat the offense as a major misconduct offense (see Table 4-4). If the local law considers the offense a felony, then treat as a major misconduct offense.
(2) The lists of typical offenses shown in Law Violations Tables should be used as a guide. It is not practical to list all offenses. Treat offenses in each paragraph, and those of a similar nature, according to the category dictated by each table (nontraffic, misconduct, major misconduct), despite their classification under State law. The offenses named in Table 4-1 thru 4-4 will be considered to have the elements of those offenses under the common law or the UCMJ.c. The following rules apply to conduct disqualifications.
(1) Persons released from custody or restraint of a court but are still pending final disposition of the charge are morally disqualified. Examples of such releases are-
(a) Release following plea of any type to the court (including plea of guilty or nolo contendere).
(b) Release on probation without verdict.
(c) Release on person’s own recognizance.
(d) Release following charges that are placed on file.
(e) Any similar disposition, without regard to its technical name, that indicates the person may remain subject to further judicial proceedings in connection with the charges.
(2) In addition, persons who are granted release from charges at any stage of court proceedings if they will apply or be accepted for enlistment in any U.S. Armed Forces are not qualified for enlistment (see Para 4-12b).
(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 requires the applicant to fulfill this condition.
(1) Civil court conviction. This term means a judgment of guilty or an accepted plea of nolo contendere is entered in a court’s records for persons tried as adults regardless of-
(a) Whether or not sentence then was imposed, withheld, or suspended.
(b) Later proceedings that deleted an initial determination of guilt from court records, based on evidence or rehabilitation or completion of a satisfactory probationary period. Examples of later proceedings in adult offender cases include pardon, expungement, amnesty, setting aside the conviction, and reopening of the case to change the original finding of guilty and dismissal of all of the charges, unless new findings in the case would have resulted in an original verdict of not guilty.
(2) Other Adverse Dispositions (OAD). This term includes all law violations that are not civil court convictions, but which resulted in an arrest or citation for criminal misconduct, followed by the formal imposition of penalties or any other requirements upon the offender by any governmental agency or court.
Note: Definition from AOC - Any finding, decision, sentence judgment, or disposition other than unconditionally dropped, dismissed, acquitted, or convicted.
(3) Examples of Other Adverse Dispositions (OAD). Some examples of other adverse dispositions include-
IAW AOC Annex A Section II. Pretrial intervention or deferment. Every state has a program by which offenses are diverted out of the regular criminal process of a probationary period. While the programs vary from state to state, they all require the defendant to meet some requirement. When a condition is met (e.g., reporting or nonreporting probation, diversion, Juvenile Alternative Services Program, restitution, community service, etc.,) or after successful completion of which the charge is disposed of in a manner which does not result in a final adjudication of guilt. (Most often, the defendant is required to plead guilty to get accepted into the various programs.) Charges disposed of in this manner shall be processed as OAD.
IAW AOC Annex A Section II. Applicants with law violation(s) that occurred while attending school and were given the option to be suspended, expelled, or removed from the school or the school district in exchange for not being criminally prosecuted.
IAW AOC Para 5-3a(6). Applicants that receive additional punishment (i.e.: additional fine, suspended license, extended probation, etc.) for failure to appear, failure to pay fine, or contempt of court is considered an Other Adverse Disposition (OAD). Questionable cases are to be sent to ASO for suitability review.
(a) Admission into diversionary or similar programs.
(b) Admission into an adult first-offender program.
(c) Deferred acceptance of guilty plea programs or probated sentence.
(d) Tried as a youthful offender. IAW AOC - Cases tried in juvenile court will always be treated as OAD.
(e) Enrollment in supervision programs.
(f) Orders to pay restitution, pay a fine, serve community Service, attend classes, or serve probationary periods that do not constitute civil court convictions.
(g) Adjudication withheld and suspended imposition of sentence.
(h) Unconditional suspended sentence and unsupervised unconditional probation. These terms are defined as a court-imposed suspended sentence or probationary status.
(4) Later proceedings. Later proceedings delete an initial determination of guilty or commission of alleged misconduct from court or agency records. Examples of later proceedings used in Federal and State courts include-
(b) Record sealing.
(c) Setting aside the adjudication or reopening cases to change the original findings/pleas of admission of guilt to not guilty.
(d) Dismissal of the original petition.
(5) Juvenile delinquent. This term includes disposition as a juvenile delinquent, wayward minor, youthful offender, delinquent child, or juvenile offender, and declaration of the juvenile as a ward of the court. The term does not include disposition of the juvenile as dependent, neglected, or abandoned.
(a) A conviction exists if a juvenile (applicant under age 18) is tried and convicted as an adult. DD Form 369 may be modified to include a statement in the remarks section that asks the following: Applicant was under the age of 18 at the time of adjudication and records do not clearly indicate that he or she was tried as an adult. Unless court records indicate otherwise, applicants who were juveniles at the time of the offense have an adverse disposition.
(b) Because all States have varied laws with regard to juveniles being tried as an adult, recruiters, through their chain of command should consult with their supporting Judge Advocate when questionable cases arise.
(6) Nolo prosequi. IAW AOC Annex A Section II. Commonly called “nolle pros.” A formal entry on the record, by the prosecutor, that they will not prosecute the case any further. A nolle pros may be considered equivalent to dropping charges if the applicant has not had to meet any requirements by a governmental agency or court, there was no pretrial diversion and the prosecutor does not contemplate any further proceedings on the case and the case has not been handled through a pretrial deferment program.
c. Some States have procedures for a later “expunging of the record,” dismissal of charges, or pardon (on evidence of rehabilitation of the offender). Such action removes the “initial conviction” or “other adverse disposition” so that, under State law, the applicant has no record of conviction or adverse juvenile adjudication. Despite the legal effect of this action, a waiver authorizing RA, USAR, or ARNG enlistment of such an applicant may be required, and the underlying facts must be revealed.4-7. The Lautenberg Amendment
(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.
(1) Violations, convictions, and lost time that occurred during and after the last period of service in any component of the US Armed Forces are considered current.
(2) Violations, convictions, and lost time that were not previously revealed during enlistment or reenlistment processing are also considered current.
(3) When charges meet waiver thresholds or when charges (when added to charges that occurred prior to military service) would raise the approval authority of the waiver, all charges will be considered current.
(4) Applicants that are PS from another Service that revealed charges on their enlistment application that did not require a waiver, will not require a waiver when applying for enlistment into the Army.
(1) Police checks and court documents, as required. Police record checks are not required for traffic offenses.
(2) Documents from probation or parole officer that show applicant has satisfactorily completed probation or parole.
(3) Documents from correctional facility at which detained. Police record checks are not required for traffic offenses.
(4) Reference letter from employers for 1 year preceding application and schools attended in last 3 years preceding application (to include transcripts if currently attending college). If the applicant states that seeking a reference letter from an employer will jeopardize employment, a reference letter is not required. Each waiver request must explain all periods of unemployment of 3 months or more during the preceding year (not required for battalion-level waivers, unless the battalion commander requires it).
(5) Applicant’s current MEPS DD Form 2808 for major misconduct-level waivers.
(6) DD Form 214, DD Form 215, NGB Form 22, and DD Form 220, as applicable.
(7) DD Form 1966 and SF 86, section III, civil offenses.
(8) NGB Form 22-3.
a. The waiting period provides the reviewing authority the ability to evaluate the extent of the applicant’s rehabilitation. For PS personnel, waiting periods listed in paragraph b below, apply only to offenses and periods of confinement since date of last separation from active military service. Waiting periods do not apply to minor traffic or non-traffic offenses, unless a waiver is required. CNGB may lengthen minimum waiting periods.
b. Waiting periods for waiver submission following civil restraint are as follows:
(1) If an applicant was on parole, probation, or suspended sentence after period of civil restraint has been concluded may process or submit a waiver once all court ordered requirements are completed.
(2) If an applicant had confinement as a juvenile or an adult of less than 15 days, a 3-month waiting period is required before an applicant can process or submit a waiver. As an exception, the recruiting battalion commander may waive up to 45 days of the waiting period if the applicant was sentenced only to a fine and, as an alternative, elected to serve a confinement period. Written verification from the court imposing the sentence is required. Any waiting time reduced by the recruiting battalion commander when applicable will be annotated on a separate memorandum or the waiver document.
(3) If an applicant had confinement as a juvenile or adult for 15 days or more, a 6-month waiting period is required before they can process or submit a waiver. As an exception, the recruiting battalion commander may waive up to 3 months of the 6-month waiting period if the applicant is sentenced to a fine and, as an alternative, elected to serve a confinement period. Written verification is required from the court imposing the confinement. Any exception granted by the recruiting battalion commander must be annotated in the remarks section of DD Form 1966, and be noted on the waiver memorandum if a waiver was required.
(4) A waiting period is not required for applicants who are in the DEP/DTP and all civil restraint has been completed. Approval must be granted by the recruiting battalion commander.
(5) The above waiting periods do not apply to minor traffic violations when state law or court practices imposed periods of restrictions, supervision, or informal probation periods until fine is paid. They also do not apply to unsupervised traffic probation for minor traffic offenses.
4-33. Required Investigations
(1) Admits to a record (including arrests, charges, other adverse dispositions, and convictions)
(2) Does not admit to a record, but the enlisting agency has reason to believe such a record exists.
b. For persons admitting to an arrest record-
Note: For self-admitted offenses refer to AR 601-210 para 2-11b.
(1) Who state that later conviction or other adverse dispositions occurred, a waiver is required as a self-admitted or alleged record (if such offenses require a waiver) when one of the following applies:
(a) Civil authorities refuse to furnish the information.
(b) No record of the information exists.
(c) Applicant is unable to obtain the records.
(d) Offense occurred outside the United States, its territories, or possessions and obtaining a police record check is prohibited.
(2) Who states that no conviction or other adverse dispositions occurred, a waiver to permit enlistment is not required when one of the following applies:
(a) Civil authorities refuse to furnish the information.
(b) Applicant is unable to obtain the records.
(c) Offense occurred outside the United States, its territories, or possessions and obtaining a police record check is prohibited.
c. The investigation will include-
(1) All documents required for enlistment and all documents required required under Para 4-28.
(2) Police record checks as required by this regulation.
a. Take part directly or indirectly in release of a person from pending charges so that they may enlist in the Army as an alternative to future prosecution, or further adverse juvenile, or adult proceedings. Equally important, recruiting personnel will in no way contribute, either directly or indirectly, to the false notion that the Army condones such a practice. Persons subject to a pending charge are not eligible for enlistment; therefore, they are not eligible for pre-enlistment processing to determine mental or medical eligibility.
b. Take part in any way in obtaining release of a person from any type of civil restraint so that they may enlist or complete enlistment processing to determine enlistment eligibility. The term civil restraint includes confinement, probation, parole, and suspended sentence. Accordingly, persons under the type of civil restraint that makes them ineligible for enlistment are not eligible for processing to determine mental and medical eligibility for enlistment, except for those individuals authorized to take the ASVAB test in accordance with Chapter 2-11a(2).
c. Process any person who has a doubtful criminal status. For example, while not classified as a specific “pending charge,” an applicant may have a possible indictment or arrest pending; further, the recruiter may have obtained information that indicates the applicant’s character may be questionable. These situations cannot be defined as an absolute in the qualification or disqualification process. When doubt exists as to the possible pending arrest, indictment, or pending nature of an offense, clarification must be obtained through the chain of command. For example, clarify, via the chain of command, an applicant’s eligibility and “questionable conduct character” if the applicant claims no arrest record and no pending charge, but local law enforcement officials indicate that the applicant is a suspect and it is possible that charges are about to be filed. Document any decision on such matters on DD Form 1966, remarks section or attach a memo for record to the residual file indicating the result and the decision on the matter.
4-36. Unsupervised Probation
a. Applicant may enlist if currently on unsupervised probation for offenses listed below and provided the individual has no restriction of movement, has paid all fines, and has completed all other conditions (such as community service or restitution), and no further court action is pending or contemplated.
b. The offenses that apply to this rule are the following-
(a) Curfew violation.
(b) Damaging road signs.
(c) Disorderly conduct (original charge); creating a disturbance; boisterous conduct.
(d) Dumping refuse near a highway.
(e) Jumping a turnstile (to include those States that adjudicate jumping a turnstile as petty larceny).
(f) Juvenile adjudications (beyond parental control), incorrigible, runaway, truant, or wayward.
(i) Purchase, possession, or consumption of alcoholic beverages or tobacco products by a minor.
(j) Robbing an orchard.
(l) Violation of fireworks law.
(m) Violation of fish and game laws.
(n) Violation of leash laws.
(1) Police checks must be ran per AR 601-210 Para 2-11. Court records are required showing all conditions have been met and the case has been closed. New police checks are required if new arrest or convictions occurs after previous checks were conducted. All new law violations must be reported to the Central Adjudication Facility (CAF) by the state security manager by filing an incident report on the JPAS website, regardless of MOS.
(2) Soldiers with new traffic and minor-non traffic (100 and 200 level) offenses may be approved by the RRB operations to ship. Approval must be processed through GCRc. A retain workflow will be initiated and approved/disapproved by the operations section, no TAG endorsement required. The operations person completing the workflow will validate that all required documents are present in ERM, the law violations are closed with the court and that the Soldier still meets the MOS qualifications as outlined in DA PAM 611-21.
(3) Soldiers with new misconduct or major misconduct (300 and 400 level) offense(s), regardless of disposition, require an ASO retain exception. No retain endorsement required. The RRB operations will verify the status of the case and that the documents are in ERM then forward the retain workflow to the ASO.
(4) Soldiers requiring training who have had law violations and no longer meet the enlistment eligibility as outlined in AR 601-210 or MOS qualifications as outlined in DA PAM 611-21 will have their unit commander (or designated representative) notified by the RSP.
(5) If a retaining action is approved then renegotiation into a MOS for which the Soldier is qualified will only be performed with the Soldier present.
4-13. Prior Service Military
Any PS applicant enlisting from any Service with a SPD or RE code requiring a waiver may not process until 90 days has elapsed from separation date.
Note: IAW Para 4-24c, The PS must reveal all law violations and list all Article 15, UCMJ, courts-martial convictions, and lost time.
4-13. Discharge Narratives
a/b/c/e. Refer to AOC Annex A Table 2 for a listing of discharge narratives that are acceptable and those that are disqualifying.
4-13. Bar to Reenlistment
d. A waiver is required for any applicant who is separated or discharged from the RA, ARNG, or USAR with a field bar to reenlistment issued per AR 140-111 or NGR 600-200, or who was denied extension or reenlistment by any other component of the US. Armed Forces at time of last separation or discharge. The approval authority for such waivers is the State TAG for ARNG applicants.
4-14. Absent without leave (AWOL) or lost time
Refer to AOC Annex A Table 2.
4-15. Conscientious Objection
c. The PS applicants with a history of conscientious objections, must not have been discharged by reason of conscientious objection under provisions of AR 600-43. Note: See AOC Annex A Table 2 for current waiver eligibility. Refer to AR 601-210 for rest of this paragraph.
4-16. Reserve Component separations or transfers
a. A waiver is required for any applicant who is a current member of an RC who is pending adverse or administrative actions considered disqualifying under Chapter 4. These applicants may not be processed until the adverse action is completed. Waivers will be submitted following final action in these cases.
b. A waiver is required for any applicant who has been transferred to the IRR of any Service of the Armed Forces for being an unsatisfactory participant, or who is not currently serving satisfactorily in a Selected Reserve unit. Refer to AOC Annex A Table 2.
4-24. RE-4 Discharges
b. If an applicant received a RE-4 from the U.S. Army or a RE-4 or equivalent from another service, applicant is ineligible to enter the ARNG (waivers are not authorized). If an applicant received an RE-4 or its equivalent from another service that would have been ruled an RE-3 by the U.S. Army, a suitability review may be submitted to allow the RE code to be treated as an RE-3. Questionable cases may be forwarded to HQDA (DAPE-MPA) for consideration.
4-13. Waiver documents
f. The following documents are required for submission of a waiver-
(1) Request from recruiting battalion commander, including the results from interview with the applicant.
(2) Letter from applicant explaining circumstances surrounding reason for waiver. The PS applicant must address reason for separation or discharge.
(3) DD Form 214, DD Form 215, NGB Form 22, and DD Form 220.
(4) DD Form 368, if required.
(5) DD Form 1966, SF 86, and NGB Form 22-3.
(6) A copy of applicant’s USMEPCOM authorized document that clearly displays ASVAB results and PULHES results (or REDD Scores).
(7) If separated for hardship, parenthood or dependency, the following additional documents are required.
(a) DA Form 3072-2 (Applicant’s Monthly Financial Statement).
(b) Proof that prior condition upon which separation was approved no longer exists.
(c) Proof must be in the form of affidavits made by the person or organization on behalf of the applicant. Community members who are familiar with the applicant’s home condition of the applicant’s Family may also provide such substantiation. Any legal documents support the conclusion that the condition no longer exists may also be used.
a. When qualifying or disqualifying an applicant for enlistment, State TAG or HQ, NGB personnel will specifically cite the current policy which the enlistment eligibility decision is based. Example: 'The applicant is qualified/disqualified IAW AR 601-210, paragraph XX, or IAW SMOM 13-XXX, paragraph XX.' This will provide the Recruiter the information necessary to inform the applicant why he/she is qualified or disqualified. If the reason is not clear enough for the RRNCO or MEPS GC to provide a satisfactory explanation to the applicant, it will be the responsibility of the MEPS GC, State Operations personnel, State RRC Commander or RRC CSM to call the approval authority for clarification.
b. Recruiting personnel WILL NOT provide the applicant with a copy of the waiver or the Exception To Policy (ETP) workflow email approving, disapproving, or returning an ETP without action.
c. Recruiting personnel WILL NOT refer the applicant directly to HQ personnel, or provide applicants with email, phone numbers, or addresses of State TAG or HQ NGB personnel.
d. Applicants may ask for a reason as to why their waiver or ETP was denied. Recruiters will explain that in accordance with current Department of the Army and/or ARNG policy, the applicant's disqualification does not merit favorable consideration at the present time. Recruiting personnel may explain what is necessary to overcome the disqualifying factor(s), if possible, but are strictly prohibited in assisting in the process.
e. If an applicant requests the name of the approval authority, the RRNCO will explain that ARNG policy prohibits the disclosure of approval authority names and contact information. The applicant may only be told the final decision that was made by State or NGB level "HQ personnel".
f. If the applicant, parent or other influencer requests further explanation they will be referred through the chain of command to the State Recruiting Commander. Every effort should be made to resolve the issue at the lowest level.