Waivers


Chapter 4
Waivable and Nonwaivable Enlistment Criteria

Notes

Waiver suspensions: SMOM 12-080 dated 14 September 2012



Section I
Introduction

4-1. General

a. This section contains waiver and nonwaivable enlistment criteria and prescribes procedures to initiate and process a request for waiver to meet basic enlistment qualifications.
b. Commanders at all levels determine if waiver requests warrant favorable consideration through questioning, investigating, counseling, and gathering proper documents and waiver request information.
c. Recruiters must forward all waiver requests to the approval authority.
d. 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 they have overcome their disqualifications for enlistment and that their acceptance would be in the best interests of the ARNG.
e. Enlistment waivers (including medical) granted from other armed services will not be used for enlistment into the ARNG. Applicants requiring enlistment waivers will be processed by the ARNG command for which enlisting. Exception: In cases where the applicant changes unit after the waiver is granted by the ARNG, the new Commander only needs to provide a statement that they are aware of the applicant’s disqualification.



Section II
Nonwaivable Disqualifications

4-3. Multiple Waivers
Applicants requiring-

a. Four or more State AG level waivers are ineligible for enlistment.
b. Two or more NGB level waivers (excludes medical and telephonic waivers) are ineligible for enlistment.
c. Three or more State AG level waivers combined with 2 or more NGB level waiver (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. Having history of psychotic disorders or state of insanity at time of application for enlistment.
c. Questionable conduct character.
d. Alcoholism.
e. Drug dependence.
f. Sexual perversion.
g. Persons with a conviction of murder.
h. Person unable to present written evidence (official documents) of PS claimed, until such Service has been verified.
i. Person whose enlistment is not clearly consistent with interests of national security under AR 601-280.
j. Person retained on AD under AR 601-280 with annotation “not eligible for security clearance or assignment to sensitive duties, AR 601-280.”
k. Criminal or juvenile court charges filed or pending against them by civil authorities. Note - Pending charges include unpaid traffic violations. Authorized reception battalion commanders and IET 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, chapter 7, is not required. All other cases meeting the provisions of fraudulent entry criteria must be processed in accordance with AR 635-200.
l. Person under civil restraint, such as, confinement, parole, or probation.
m. Subject of initial civil court conviction or adverse disposition for more than one major misconduct offense.
n. Person with a civil conviction of a major misconduct offense with any one of the following:

(1) Three or more offenses (convictions or other adverse dispositions) other than traffic.
(2) Applicants with juvenile major misconduct offenses who have had no offenses within 5 years of application for enlistment may be considered for a waiver in meritorious cases without regard to paragraph m above.

o. Subject of initial court conviction or other adverse disposition for sale, distribution, or trafficking (including “intent to”) of cannabis (marijuana), or any other controlled substance.
p. Person with 2 or more convictions/OAD within the 3 years preceding application for enlistment for driving while intoxicated, drugged, or impaired.
q. Confirmed third positive result for alcohol or marijuana; confirmed second positive test for drugs other than marijuana (tests administered at MEPS)
r. Person with convictions or other adverse dispositions for 6 or more misconduct offenses that occurred prior to an application for enlistment.
s. Person with conviction/OAD of 2 or more separate charges of possession of any illegal drugs/drug paraphernalia within 3 years preceding application for enlistment.
t. Person with PS who incurs a major misconduct conviction during or after military Service.
u. Person with PS who has tested positive at MEPS for any drug use.
v. All applicants (officer and enlisted) who received a felony conviction for a sexual offense as listed below and in AR 27-10, chapter 24, are not eligible for enlistment or appointment. 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. A review of the applicability regarding this regulatory provision to any applicant will be made by the ARNG-GSS-I. Applicants who are or have been listed on any Federal or State Sex Offender Registry may not enlist, no waivers are authorized.

(1) Rape.
(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.

w. Waivers are not authorized for confirmed positive results for the presence of Human Immunodeficiency Virus (HIV) or antibody (AR 40-501).

4-23. Nonwaivable disqualifying military separations or discharges
The following are nonwaivable separations and or discharges:

a. Physically disqualified on order to AD.
b. Military Personnel Security Program.
c. Release from entry on AD by reason of physical disability and reverted 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 un-authorized absence. No entitlement to severance pay.
e. Rescinded.
f. Desertion or dropped from rolls. Includes AWOL greater than 30 consecutive days.
g. Alien without lawful admittance or legal residence in the United States.
h. Permanently retired by reason of physical disability.
i. Retirement after 20 years of active Federal Service.
j. Officers removed from active or inactive Service by reason of having attained maximum age or Service (AR 140-10).
k. Discharged by reason of conscientious objection (AR 600-43).
l. Previous separation for unfitness, unsuitability, unsatisfactory performance, misconduct, or bar to reenlistment, with 18 or more years of active Federal Service completed.
m. 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.
n. Person with a bad conduct, dishonorable discharge or discharged under other than honorable discharge.
o. Person with PS last discharged from any component of the Armed Forces for drug or alcohol abuse or as rehabilitation failure during last period of Service.
p. Person barred from reenlistment by HQDA or ARNG and coded RE-4.



Section III
Adminstrative waivers / disqualifications

X-1. Tattoos, brands, and body mutilations
a. Refer to AR 670-1 para 3-3j and SMOM 14-036.
b. Procedures for requesting exceptions to policy refer to SMOM 14-038.

X-2. Current or former member of gang or extremist organization
Refer to SMOM 12-024 paragraphs 6&7.

4-15. Conscientious objection
a. The approval authority for enlistment is the DARNG. See AOC Table 3-1 for current waiver eligibility.
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 who were previously conscientious objectors, but who are no longer conscientious objectors, must not have been discharged by reason of conscientious objection under provisions of AR 600-43.
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, appendix B; and a personal letter expressing desire to enlist in the ARNG.
(5) Applicant’s current MEPS physical examination.
(6) A copy of applicant’s USMEPCOM PCN 680-3ADP or other authorized document that clearly displays applicant’s ASVAB date and results.


4-16. Reserve Component separations or transfers
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 and may not be processed until such action is completed. Waivers will be submitted based on final action in these cases.

4-18. Positive drug or alcohol test
Applicants who test positive for drugs during their pre-accession physical will be accessed into the ARNG (via SIDPERS) to establish a record of enlistment. Applicants will be discharged per NGR 600-200, paragraph 6-35c(5)(a), with SIDPERS loss transaction code OE. Discharge will be effective the date the test results are provided from the servicing MEPS and full REQUEST reservation cancelled immediately. Applicants with DAT positive results from any component are ineligible for enlistment. No exceptions authorized.

4-19. Dependents
a. Any applicant who does not meet the dependent criteria of this regulation, and a waiver is authorized by the specific paragraph requires a waiver.
b. The approval authority for dependent waivers is the TAG.
c. The following documents are required for submission of a waiver under this paragraph:

(1) A memorandum prepared according to instructions in paragraph 4-28.
(2) DD Form 214, DD Form 215, NGB Form 22, and DD Form 220 as applicable.
(3) DD Form 1966 and SF 86.
(4) DA Form 3072-2.
(5) If applicable, divorce decree and changes to it.
(6) If applicable, documentation showing that dependents will not suffer hardship as a result of applicant’s enlistment (obtain statement from spouse).
(7) Documentation to support advanced pay grade as prescribed in paragraphs 2-18, 3-17, or 3-18.

d. Single parent.

(1) Prior to the dependency waiver being approved, the applicant must have approved Family Care Plan as required by AR 600-20. Required forms are-

(a) DA Form 5305-R
(b) DA Form 5304-R
(c) DA Form 5841-R
(d) DA Form 5840-R

(2) The Family Care Plan must be validated and approved by the unit commander for which the applicant will be assigned prior to enlistment.
(3) Waiver code will be “dependent waiver.”


4-20. Applicants Discharged for Surviving Son or Daughter
a. Any applicant who was previously separated from any Component of the U.S. Armed Forces as a surviving son or daughter requires a waiver for enlistment. A surviving son or daughter refers to the only remaining son or daughter in a Family where the father, or mother (or one or more of the sons or daughters) served in the Armed Forces of the United States and because of the hazards with such military Service-

(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 Table 3-1.
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 electronic security screening questionnaire.
(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 PCN 680-3ADP or other authorized document that clearly displays applicant’s ASVAB date and results.


4-24. Prior Service Applicants
a. The ARNG will not accept an administrative waiver from any other service or component of the Army. Although all previous discharges will be reviewed, administrative waivers will only be required for the last period of service (excluding IRR). Applicants currently in a RC of all other services that had a waiver approved for that RC must process a waiver for enlistment.
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.

Section IV
Medical waivers / disqualifications


4-5. Waiver requirements for medical disqualifications
a. Any applicant with or without prior military Service who the MEPS physician finds not to meet the medical standards for enlistment will require a waiver.
b. Any applicant who was last separated or discharged from any component of the U.S. Armed Forces for medical reasons with or without disability for enlistment into the ARNG will require a waiver.
c. Waivers for non-medical disqualifications will be submitted for approval after submitting a request for medical waiver to DARNG (ARNG-CSG).
d. Weight Standard: waivers will not be considered.
e. Approval authority for medical waivers is the office of the Chief Surgeon for the ARNG.
f. Medical waivers may not be resubmitted unless original condition has changed.
g. Medical waivers are valid for the duration of the physical examination not to exceed 1 year from medical waiver approval date.
h. Medical waivers from other components are not authorized.
i. Under height waivers up to 2 inches (for enlistment purposes only) may be approved by the Chief Surgeon for the ARNG (ARNG-CSG via MATS). If approved, a control number must be received from ARNG-GSS-I via the ROC.
j. Documents required for waiver consideration are-

(1) NGB Form 22-3.
(2) Applicant’s current MEPS medical examination.
(3) DD Form 214 and DD Form 215, if applicable.
(4) USMEPCOM PCN 680-3ADP Form with test results reflected.

(5) All reports of separation, discharge, or release from any Component of the U.S. Armed Forces.
(6) If separated for medical reasons, must submit DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), DA Form 3947 (Medical Evaluation Board Proceedings), and/or DA Form 199 (Physical Evaluation Board (PEB) Proceedings).
(7) Evidence that the disqualifying condition no longer exists or justification for the waiver.
(8) Height waiver must include the applicant's waist, shoe, and hat size.

Section V
Conduct waivers / disqualifications

4-2. Suitability review for determination of enlistment
a. Applicants with a criminal history regardless of disposition or questionable conduct character require a suitability review for determination of enlistment in accordance with AOC Table 4-1. ARNG recruiters will forward requests for suitability reviews through GCRC workflow to the ARNG National Security Manager (ARNG-GSS-I) for final determination. The whole person concept will be applied in determining the applicant’s moral qualification for enlistment. Areas of consideration under this concept are: Number of offenses, severity of the charges, actual sentence, applicant’s age at the time of violation, and favorable comments from probation and parole officers. The required documentation for the submission of suitability reviews includes but not limited to-

(1) Completed SF86.
(2) All DD369s, police reports, court documents, and probation reports.
(3) Hand written detailed applicant statements for all offenses (except traffic)
(4) NGB Form 22-3 listing all offenses (including traffic) regardless of disposition.

b. The ARNG National Security Manager is also the point of contact for applicants who were granted release from charges at any stage of court proceedings on condition that they will apply or be accepted for enlistment in any U.S. Armed Forces. Such an action is a disqualification for enlistment.
c. The ARNG security manager will not process waivers, but will recommend follow-on actions to be conducted to clarify any deficiencies.

4-2. Concealed offenses revealed after enlistment
a. Soldiers who conceal an offense that would have required a waiver will be discharged. The Soldier must wait 6-months from the date of separation prior to submitting a request for a fraudulent enlistment waiver from the TAG along with any additional waivers required. The request for a fraudulent enlistment waiver must first receive a retain endorsement from the MILPO (O-6 or O-5 promotable) and then an approval from the NGB Accession Suitability Office (ASO), prior to submission to the TAG.
b. Soldiers who conceal an offense (other than traffic) that would NOT have required a waiver will not be immediately discharged. The Soldier must receive a retain endorsement from the MILPO (O-6 or O-5 promotable) or higher within 72 hours of notification of rap sheet and an approval from the ASO.
c. Soldiers who conceal traffic offenses will require an approved retain exception by the MILPO (O-6 or O-5 promotable) or higher. Does not require a retain exception from ASO.
d. The retain endorsement will include, but is not limited to, why the Soldier failed to disclose the law violation, documentation that a meritorious case exists to warrant an exception to the standards established in AR 601-210, and if there was any involvement by recruiting personnel to conceal the offense(s). If Recruiter or Guidance Counselor impropriety is suspected, the TAG will initiate a Recruiting Impropriety (RI) investigation IAW NGR 601-1. All requests for retain exceptions will have police, court and probation records IAW AR 601-210 paragraph 2-11. Approved or disapproved retain endorsement must be completed within 72 hours of rap sheet notification.
f. Every applicant must state in writing and verbally acknowledge that they were not advised to withhold information and/or conceal any offense. Most common excuses have been “it was expunged, dismissed, dropped, my lawyer told me not to reveal it, or a judge told me I had no record.” These excuses are not valid and will not be accepted. Endorsements stating these types of excuses will be returned as disapproved.
g. If retain exception is denied or any offense was open/pending at time of enlistment the Soldier must be discharged IAW AR 601-210. Retain exceptions previously disapproved may only be resubmitted after six months. However, the case may be reconsidered or appealed if there is substantial information that was not disclosed during the previous consideration, or the Soldier’s situation has changed significantly to merit such reconsideration.
h. Prior Service Field Enlistments (no training required) that are identified as Positive Match will be processed for retain by NGB ARNG-ASO. REQUEST reservation must be cancelled with cancellation code "FE" the same day the rap sheet is received by MEPS GC. Retain exception will not be processed if reservation has not been cancelled.

4-2. Offenses after Enlistment
Soldiers with law violation/ticket after enlistment are authorized one-time renegotiation to allow appearance in court and/or complete court issued conditions. MEPS GC or Recruit Sustainment Program (RSP) must have the ticket, police agency arrest report, or police agency probable cause statement scanned into ERM REP 63 Folder “Other” prior to making a new reservation. Must have court records with a date of when the conditions were completed and a DD 369 IAW AR 601-210 paragraph 2-11b(3) scanned into ERM Waiver Folder prior to processing retain. If traffic offense is Reckless, Careless, or Imprudent Driving, MEPS GC must have court records with court issued conditions.

(1) Soldiers with new traffic or non-traffic offense(s) when added to current offense(s) meets waiver threshold, Soldier requires an ASO retain exception, no retain endorsement required.
(2) Soldiers with new traffic or non-traffic offense(s) when added to current offense(s) that does not meet waiver threshold, Soldier requires TAG retain exception, no retain endorsement required.
(3) Soldiers with new Misconduct or Major Misconduct offense(s), regardless of disposition, require an ASO retain exception, no retain endorsement required.
(4) Any new arrest or convictions that occur after the previous police checks, will require new police checks in accordance with paragraph AR 601-210, paragraph 2-11b.
(5) Post enlistment waivers are not authorized.


4-2. Reservation cancelled
Soldiers that had their reservation cancelled, for any reason, must have their JPAS (security/background investigation) submission verified prior to new reservation. When the initial reservation is cancelled, the ASO will cancel the investigation due to OPM policy. Regardless of the date of cancellation, the Soldier must update Recruiter Zone with any changes (example: HS grad date, law violation(s), new employment, etc) and resign the four signature pages of the Security Clearance Application-SF86. Resubmission will be completed by the ASO, State Operations or MEPS GC must initiate a “JPAS Enlist” exception workflow through GCRc. Exception comments must state “JPAS push required for new investigation due to previous reservation being cancelled.” New reservation will not be made without an approved exception from the ASO.

4-2. ASO Exception to ship WITHOUT RAP sheet
Interviews conducted by the Recruiting & Retention Commander (RRC), Recruiting & Retention NCO (RRNCO), or GC’s will not be accepted. The interviewer must state they feel reasonably sure the Soldier has no other charges other than what is listed on the Security Clearance Application-SF86, and they are confident the Soldier is not concealing any information. Interview results must be on State letterhead with signature block by the person conducting the interview and signed, not signed “for.” Scan interview into core admin under “Memorandum ENTNAC Interview.” Forward a suitability workflow to the ASO for consideration. The interview must include, but is not limited to, the following questions (yes answers must be explained):

(1) Have you ever been questioned by police, sheriff, probation officer, or court official (Juvenile or Adult)?
(2) Have you ever been arrested and/or fingerprinted for any reason (Juvenile or Adult)?
(3) Have you ever been told to say “no” to being questioned by police, being arrested, being given a ticket, or ever being fingerprinted (Juvenile or Adult) by any Law Enforcement personnel?
(4) Have you ever been told to say “no” to charges after you have completed a diversion program, charges were expunged, removed, wiped off record, or resulted in no charges filed.
(5) Have you ever been on probation (supervised or unsupervised), or traffic court probation (Juvenile or Adult)?
(6) Did anyone tell you or coach you on how to respond to my questions?
(7) Do you understand that any charge that is uncovered that was not previously disclosed will result in a fraudulent discharge?
(8) Is there anything you feel you want or need to add to your records?


4-4. Listing of offense categories
a. Refer to Table A for listing of traffic, minor non-traffic, misconduct, and major misconduct offenses.
b. Refer to Table B for waiver/suitability review authority for law violations/criminal offenses.

4-4 & 4-30. Rules governing conduct waivers
a. All offenses, regardless of their outcome or place of offense (includes crimes committed outside the United States) will be listed on SF 86. A person arrested, cited, charged, or held for an offense or offenses and allowed to plead guilty to a lesser offense will list the original charges and also the lesser offense to which a plea of guilty was entered. For example, a person arrested for grand larceny and 2 counts of criminal possession of stolen property pled guilty to 2 counts of criminal possession of stolen property, value of less than $500. In this example, the applicant requires a conduct waiver. However, waiver is not needed if an arrest or questioning does not result in referral of charges, or if charges are dismissed without a conviction or other adverse disposition. Incident must be listed on SF 86. Charges will not be combined (stacked) in order to be viewed as one charge. All charges must be considered for waiver purposes. Doubtful cases will be referred to ARNG-GSS-I.

b. 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 are not qualified for enlistment. Questionable cases will be referred to ARNG National Security Manager (ARNG-GSS-I).

c. Applicants who, as a condition for any civil conviction or adverse disposition or any other reason through a civil or criminal court, are ordered or subjected to a sentence that implies or imposes enlistment into the Armed Forces of the United States are 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.

d. An adverse disposition does not include those that the only disposition was court costs or attorney fees imposed.

e. To ensure equal treatment to all persons applying for enlistment, despite the variance in State statutes, the rules below are guides to those responsible for processing waivers.

(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 to dismiss all of the charges unless new findings in the case would have resulted in an original verdict of not guilty. Such later proceedings recognize rehabilitation. They do not change the fact that the offender committed the criminal act.)

(2) Other adverse dispositions. 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.

(3) Examples of other adverse dispositions. Some examples of other adverse dispositions include-

(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.
(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.
(i) 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.

(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-

(a) Expungement.
(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: “Was subject tried and convicted 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 contendere. 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:

(a) Absence of later violations
(b) Evidence of rehabilitation
(c) Satisfactory completion of a period of probation or parole
(d) Any other legal appeal that does not change the original finding on its merit.

f. 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, AR, or ARNG enlistment of such an applicant may be required, and the underlying facts must be revealed.

g. Non judicial punishment under UCMJ, Article 15 and military court-martial proceedings must be listed but will not count toward waiver thresholds; however, these will be considered toward the whole person concept.

h. Typical offenses are as follows-

(1) The lists of typical offenses shown in these paragraphs/tables are guides. It is not practical to list all offenses. Treat offenses in each paragraph and those of a similar nature according to the type of offenses listed in the paragraph despite their classification under state law and whether the determination is deemed a conviction or adjudication under state law. The offenses listed in Table A will be considered to have the elements of those offenses under the common law or the UCMJ when no such common law exists.

(2) If the maximum confinement under local law is 6 months or fewer, the offense should be treated as a minor non-traffic offense. If the maximum confinement under local law exceeds 6 months, but does not exceed 1 year, treat the offense as a misconduct offense. If the maximum confinement exceeds 1 year, treat the offense as a major misconduct. If the local law considers the offense a felony, then treat as a major misconduct.


4-7. The Lautenberg Amendment
a. The Domestic Violence Amendment to the Gun Control Act of 1968 (18 USC 922) “The Lautenberg Amendment,” makes it unlawful for any person to transfer, issue, sell or otherwise dispose of firearms or ammunition to any person whom they know or have 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. Applicants who have enlisted in the ARNG who are found to have a qualifying conviction will be separated from the ARNG. 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.


4-16. Reserve Component separations or transfers
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 and may not be processed until such action is completed. Waivers will be submitted based on final action in these cases.

4-24. Prior Service Applicants
a. PS must reveal all law violations, regardless of the final disposition or when they occurred, on their SF86.
b. Charges incurred during and after the last Expiration Term of Service (ETS) (excluding IRR) are considered current. Charges incurred prior to that period of service are not considered current, except as described in c below. If the applicant did not ETS, all charges are considered current. Questionable cases may be forwarded to the ASO for review.
c. When current charges meet waiver thresholds or when current charges (when added to charges that occurred prior to military service) would raise the approval authority of the waiver, all charges are considered current.

4-28. Conduct waiver documents
The following documents are required for submission of a conduct waiver

a. Police checks and court documents, as required. Police record checks are not required for traffic offenses.
b. Documents from probation or parole officer that show applicant has satisfactorily completed probation or parole.
c. Documents from correctional facility at which detained. Police record checks are not required for traffic offenses.
d. Reference letter from employers for 1 year preceding application, 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).
e. Applicant’s current MEPS medical examination for major misconduct level waivers.
f. DD Form 214, DD Form 215, NGB Form 22, and DD Form 220, as applicable.
g. DD Form 1966 and SF 86, section III, civil offenses.

4-32. Waiting period
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 following civil restraint for waiver submission 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) 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
a. Enlistment will be suspended, pending an investigation of the case (for example, completion of police records check, copies of court documents, discussion with probation officer, or review of correctional facility records, as applicable). Processing may continue if the applicant-

(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-

(1) Who states 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 for a conduct waiver if required.
(2) Police record checks as required by this regulation.


4-34. Pending charges-civil restraint
Recruiting personnel will not-

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.

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-

(1) All minor traffic offenses as listed in Table A.
(2) Certain typical minor nontraffic offenses, as listed in Table A. These offenses are limited to 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.
(g) Littering.
(h) Loitering.
(i) Purchase, possession, or consumption of alcoholic beverages or tobacco products by a minor.
(j) Robbing an orchard.
(k) Vagrancy.
(l) Violation of fireworks law.
(m) Violation of fish and game laws.
(n) Violation of leash laws.



Section VI
Prior Service/GNPS military separations/discharges


4-13. Prior Service Military
Any PS applicant enlisting from any Service with a separation or reentry code requiring a waiver (waiting period not otherwise covered in chap 4) may not process until 90 days has elapsed from separation date. PS must list all UCMJ, Article 15, courts martial convictions, and lost time. Refer to Table C for a listing of discharge narratives that are acceptable and those that are disqualifying.

4-13. Bar to Reenlistment
A waiver is required for any applicant who is separated or discharged from the RA, ARNG, or AR 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 Armed Forces at time of last separation or discharge. The approval authority for such waivers is the CNGB for ARNG.

4-14. Absent without leave (AWOL) or lost time
Any applicant who, during their last period of Service, was AWOL or had lost time of 1 day or more is required to have a waiver for enlistment. TAG is the approval authority for 5 days or fewer and ARNG-GSS-I is the approval authority for 6 days or more. No waiver authorized for any applicant with AWOL or lost time of 30 consecutive days or more.

4-16. Unsatisfactory Participation
A waiver is required for any applicant who has been transferred to the IRR or other Services control group for being an unsatisfactory participant and is not currently serving satisfactorily in a troop unit. Waiver may be submitted, although a waiver is not required for enlistment in RA or RC after 6 months has elapsed from date of transfer to the IRR. For applicants that were not transferred to the IRR, a waiver may be submitted 12 months after date of discharge. The approval authority is CNGB for ARNG.

4-13. Waiver documents
The following documents are required for submission of a waiver-

a. Letter from applicant explaining circumstances surrounding reason for waiver. The PS applicant must address reason for separation or discharge.
b. DD Form 214, DD Form 215, NGB Form 22, and DD Form 220.
c. DD Form 368, if required.
d. DD Form 1966, SF 86, and NGB Form 22-3.
e. A copy of applicant’s USMEPCOM PCN 680-3ADP or other additional documents that clearly displays ASVAB results and PULHES (or REDD Scores).
f. If separated for hardship, parenthood or dependency, the following additional documents are required.

(1) DA Form 3072-2 (Applicant’s Monthly Financial Statement).
(2) Proof that prior condition upon which separation was approved no longer exists.
(3) 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.

Section VII
Administrative Instructions for Waivers

4-3. General
This Section prescribes procedures for processing requests for waivers for NPS/GNPS/PS with administrative, moral, medical, and separation/discharge disqualifications. Applicants found to be disqualified for military service are ineligible for enlistment in the ARNG. Applicants not meeting the minimum standards for enlistment may request a waiver for enlistment to the appropriate authority. Waivers, when authorized under these criteria, should only be granted to those applicants whose cases merit special consideration. The waiver authority will consider the "whole person" concept when making their final determination. Waiver authority for several categories of violations of law or for several criminal offenses is contained in AOC Table 4-1. Applicants requiring a waiver will be processed for authorized unit vacancies per paragraph 4-2.

4-3. Submission of requests
a. Waiver approval/disapproval authority:

(1) Waivers must be initiated and processed through WATS and electronically approved.
(2) 09S enlistment civil/military conviction waivers must be processed through ARNG-HRH-O via eTRACKER. Applicants are not authorized to enlist until waiver is approved by NGB, ARNG-HRH-O.
(3) Enlistment waiver authorities are established at two levels: Director, Army National Guard (DARNG) and the individual Adjutants General (AG) of the States and territories. The DARNG further delegates waiver authority for selected moral and administrative disqualifications to the AGs of the individual States and territories. The AG may further delegate waiver authority but no lower than a Colonel (O-6) Military Personnel Officer (MILPO).
(4) Established waiver authorities determine if waiver requests warrant favorable consideration by thoroughly reviewing the waiver application and associated documentation. The burden rests with the applicant to prove and provide all documentation to the waiver authority that they have overcome their disqualification(s) for enlistment, and that their acceptance for enlistment would be in the best interest of the ARNG. Waiver authorities may disapprove waivers for applicants who do not meet prescribed standards, or who cannot substantiate the merits of their cases.
(5) If the review can be accomplished in a timely manner, the State surgeon should review MEPS requests for medical waivers. Medical waivers disapproved by the State surgeon will not be forwarded to the DARNG (ARNG-CSG via MATS) unless they are specifically appealed by the applicant.
(6) Waivers previously disapproved may only be resubmitted if there is substantial additional and/or relevant information that was not disclosed during the previous consideration, or the applicant’s situation has changed significantly to merits reconsideration. Appeals will only be considered when there is substantial additional and/or relevant information that was not included in the original request for waiver.
(7) Each eligibility standard paragraph/table identifies the approval authority based on the disqualification.

b. Waiver Guidance - to clarify to the ARNG Recruiting Battalion who is the applicable waiver authority for the ARNG as listed throughout AR 601-210. For example AR 601-210, paragraph 3-8b(3), the waiver authority states the recruiting Battalion Commander or equivalent member of the ARNG may consider waiver. Throughout AR 601-210 the following statements are used as the approval authority: “Recruiting Battalion Commander or equivalent member of the ARNG, or recruiting Brigade Commander or equivalent member of the ARNG”. The ARNG Recruiting and Retention Battalion will process those waivers at TAG level. Also, throughout the AR 601-210, the following statement is used as the approval authority: “CG, USAREC or equivalent member of the ARNG approval”. In those instances, the Director, Army National Guard (ARNG-GSS-I) is the waiver authority.
c. Enlistment waivers of multiple disqualifications for the same applicant involving approval by separate levels of authority may be approved by the highest approving authority. Waivers for non-medical disqualifications will be submitted for approval after submitting a request for “medical” waiver to DARNG (ARNG-CSG).
d. Waiver authorities are identified in each enlistment standard. Applicants requiring -

(1) Four or more State AG level waivers are ineligible for enlistment.
(2) Two or more NGB level waivers (excludes “medical” and “telephonic” waivers) are ineligible for enlistment.
(3) Three or more State AG level waivers combined with 2 or more NGB level waiver (excludes medical) are ineligible for enlistment.


4-26. Waivers from other components
Enlistment waivers granted from other armed services will not be used for enlistment into the ARNG.

4-27. Validity period
Unless otherwise stated on waiver cover sheet or document, waivers granted under this chapter are valid for 6 months from approval date. ARNG may reevaluate a waiver within 6 months if, in their opinion, new information or information previously submitted warrants reconsideration. Indicate this description in the memorandum of waiver. Applicants who acquire additional offenses or disqualifications after waiver approval must resubmit waiver for reconsideration before enlistment. Waivers may be updated according to instructions from DARNG. Applicants who received a conduct waiver for enlistment into any component and were subsequently discharged must process a new waiver prior to enlisting.

Section VIII
Notification of Disqualification

Reference: SMOM 13-023

X-1. Procedures for recruiting personnel
Personnel in the recruiting force have the most direct interaction with ARNG applicants. Recruiters and Guidance Counselors have a duty to inform applicants of disqualification from service in the ARNG. The utmost professionalism and confidentiality will be used when informing an applicant of their type of disqualification. At no time will an applicant's disqualifying information be disclosed outside of the ARNG Recruiting Command channel.

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.

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