Waiver / Suitability Authority

Notes

Suspensions: SMOM 15-026 Suspension of Enlistment Waivers
09S/09R: AOC Annex A Para 2-2 / AOC Para 9-14
Additional Punishment: AOC Annex A Para 5-3
Waiver Validity Period: AOC Annex A Para 1-4
Burden of Proof: AOC Annex A Para A-8
Whole Person Concept: AOC Annex A Appendix B
Unfavorable Medical Conditions: AOC Annex A Para 2-4



AOC ANNEX A TABLE 1 - CONDUCT WAIVER AUTHORITY
LINE CLASSIFICATION
OF OFFENSE
# OF
OFFENSES
WAIVER
AUTHORIZED
WAIVER
AUTHORITY
REFERENCE
1. TRAFFIC (LEVEL 100)
1 or more Not Required AR 601-210
2. MINOR NON-TRAFFIC (LEVEL 200)
5 Yes TAG AR 601-210 Para 4-6a
6 or more Yes ARNG-HRR-O
3. MISCONDUCT OFFENSES (LEVEL 300)
a. DUI (309) - See Note 1 Yes TAG AR 601-210 Para 4-6a(4)
b. DUI (309) - See Note 2 Yes - 24 month wait ARNG-HRR-O AR 601-210 Para 4-7c
c. Poss. of Marijuana / Paraphernalia (316) - See Note 1 Yes ARNG-HRR-O AR 601-210 Para 4-6a(4)
d. Poss. of Marijuana / Paraphernalia (316) 2 No No Waiver Authorized AR 601-210 Para 4-7c
e. Combination of 1 x (309) and 1 x (316) 1 Yes ARNG-HRR-O AR 601-210 Para 4-7c
f. Prostitution/Solicitation (317) 1 No No Waiver Authorized AR 601-210 Para 4-6a(4)
g. Domestic Violence (308) - See Notes 1 or more Yes ARNG-HRR-O AR 601-210 Para 4-6a(4)
h. Possession of weapon on school grounds 1 Yes ARNG-HRR-O None
i. Other 300 level offenses 2 Yes TAG AR 601-210 Para 4-6a(2)
j. Other 300 level offenses 3 to 5 Yes ARNG-HRR-O AR 601-210 Para 4-6a(2)
k. Other 300 level offenses 6 or more No No Waiver Authorized AR 601-210 Para 4-22r
4. COMBINATION OF MISCONDUCT (300) AND OTHER OFFENSES (200 and 300)
4 x (200) offenses and 1 x (300) Yes TAG AR 601-210 Para 4-6a
5. MAJOR MISCONDUCT OFFENSES (LEVEL 400) Note: 24-month wait from the date of conviction IAW Para 4-7
a. 1 Yes (Juvenile Meritorious Cases) ARNG-HRR-O ARNG-HRH
b. 2 or more No No Waiver Authorized AR 601-210

AOC ANNEX A TABLE 3 - SUITABILITY REVIEW AUTHORITY
LINE CLASSIFICATION
OF OFFENSE
# OF
OFFENSES
WAIVER
AUTHORIZED
WAIVER
AUTHORITY
REFERENCE
a. Combination of 4 x (200) or more &
1 x (300)
4 x (200) w/
1 x (300)
Yes ARNG-HRR-O AR 601-210 Para 4-2e
b. Misconduct (300) 2 or more Yes ARNG-HRR-O AR 601-210 Para 4-2e
c. Major Misconduct 1 or more Yes ARNG-HRR-O AR 601-210 Para 4-2e
d. Domestic Violence offense - See Notes 1 or more Yes ARNG-HRR-O AR 601-210 Para 4-2e
e. Criminal offense of a sexual nature 1 or more Yes ARNG-HRR-O AR 601-210 Para 4-22
f. Any offense involving a weapon on
school grounds
1 or more Yes ARNG-HRR-O AR 601-210 Para 4-2

Notes

1. Domestic Violence Offenses. Domestic battery/violence offenses include but are not limited to: Charge(s) of assault, simple assault, assault and battery, battery, assault with the intent to commit bodily harm, assault on a person, abuse, domestic violence or any offense that involves the use or attempted use of physical force, or threatened use of a deadly weapon by an applicant against their parent, step-parent, sister, or brother, spouse, child; 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 regardless of disposition.

2. All applicants who have been charged with any offense of Domestic Violence require verification from court or County Sheriff stating whether there was a Protective Order issued. If there was, the verification must include the termination date of the order. Applicants may not enlist with an active Protective Order.

3. Enlistment of applicants with a qualifying conviction for Domestic Violence under the Lautenberg Amendment is prohibited. No waivers authorized.

4. DUI Offenses: A DUI waiver is required for any applicant who received an underage drinking and driving, wet and reckless, zero tolerance and/or refusal to take breathalyzer or similar offenses.



SUITABILITY REVIEW AUTHORITY
LINE CLASSIFICATION DEFINITION REFERENCE
a. Live Scan Results Not Returned Follow current guidance from ASO at Live Scan Results Not Returned. SMOM 15-019 and current guidance
b. Live Scan Applicants Concealed 300 or 400 Level Offenses Live Scan applicants who concealed 300 or 400 level offense(s), regardless of disposition, will not be enlisted. A suitability review to determine eligibility will be submitted through GCRc to the ASO. SMOM 15-019
c. Live Scan Applicants Concealed 200 Level Offenses When unfavorable results exist for a 200 level offense(s) that does not trigger a suitability/waiver, processing may continue. The State Ops/GC will email the ASO with "Unfavorable LS Results" in the subject line and include name, PRID, and a brief comment. SMOM 15-019
d. Post Enlistment Arrests Soldiers with new misconduct or major misconduct (300 and 400 level) offense(s), regardless of disposition, require an ASO retain exception. AOC Annex A Para 4-1
e. Concealed Offenses Revealed After Enlistment 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 or higher within 72-hours of notification of rap sheet and an approval from the ASO. AOC Annex A Para 4-2
f. Positive DAT from MEPS If the applicant's first test is positive, they must wait 90 days from the date the results are posted before retest. Submit negative re-test for Suitability Review. AOC Annex A Para 2-5
g. Determine Actual Offense When a recruiter cannot make a determination as to the actual offense, they will contact the State Operations. If the Operations NCO is unable to make a determination as to the classification of the offense they will contact NGB HRR-O ASO. AOC Annex A Para B-8
h. PS Applicants With Law Violations PS members from services other than Army who had law violations prior to enlistment that would have required a waiver for enlistment into the ARNG require a Suitability Review. AOC Annex A Para 3-1
i. Military Discharges / RE Code Waivers Several military discharges and all NGB RE Code waivers must be submitted to ARNG-ASO for Suitability Review. AOC Annex A Table 2
j. Prior Service Misconduct Discharge All applicants who have EVER received any Misconduct discharge must have a Suitability Review by NGB, ARNG-ASO. AOC Annex A Table 2
k. Release From Charges Persons who are granted release from charges at any state of court proceedings if they will apply or be accepted for enlistment in any US Armed Forces are not qualified for enlistment. Refer cases to ASO. AR 601-210 Para 4-4c(2)
l. I551 Expires Within One Year Any applicant with an I-551 card that will expire within the next 1 year after enlistment date requires a citizenship suitability approved by NGB-ASO prior to enlistment. AOC Para 2-4
m. RE-4 From Other Services If an applicant received an RE-4 or its equivalent from another service that would have been ruled an RE-3 by the US Army, a Suitability Review may be submitted to allow the RE code to be treated as an RE-3. AOC Para 4-24
n. Additional Punishment 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. AOC Annex A Para 5-3
o. Prior Service Physicals All applicants with a separation physical, PHA, or a Chapter 3 physical from a MTF or ARNG medical command facility must have all required documents scanned into ERM and submit an exception to the Accessions Suitability Office (ASO). SMOM 16-008
p. Prior Service Physicals Advise applicants who have had or currently have a "3" in their profile, required a medical waiver for prior enlistment, or have VA disability benefits approved or pending, that they will be required to have their records reviewed by the Office of the Chief Surgeon (ARNG-CSG). The ASO will make this determination. SMOM 16-008
q. Prior Service Attending BCT PS enlistees (including OCS/WOCS) who have not successfully completed an Army BCT, WTC, or Marine BCT course, completed training for Air Force or Navy Special Operations Forces, or Air Force Security Police during previous military service must enter on IADT within 180 days after enlistment in the ARNG and successfully complete BCT conducted by the Army. Questionable cases will be forwarded to the ASO for determination. AOC Para 3-19
r. Exceptions for Job Qualifications Exceptions for job qualifications (other than line scores or approved color vision) IAW DA Pam 611-21 will be considered on a case-by-case basis. Meritorious cases will be forwarded to the ASO after meeting all enlistment qualifications via GCRc workflow. AOC Para 2-8



Waiver Documents

NGB Medical Predetermination
NGB Form 22-3 signed by unit or RRB
DD Form 2807-2 annotated by CMO
Medical docs from applicant’s physician
DD214/NGB22/REDD for Prior Service
USMEPCOM Form 680-3-ADP
Note: ASVAB scores not required
Predetermination Checklist


NGB Medical Waiver
NGB Form 22-3 signed by unit or RRB
*Must enlist for the MOS selected
DD Form 2808 with DAT results
DD Form 2807-2
USMEPCOM Form 680-3-ADP
DD214/NGB22/REDD for Prior Service
MEB documents if medical discharge
Any pertinent medical documentation
Medical Waiver Checklist


Suitability Review
All police/court/probation records
Handwritten applicant statement
SF86 must be completed in RZ
Suitability Checklist or NGB 22-3 listing all charges

State AG Waiver
NGB 22-3 signed by unit or RRB
All Police / Court Records
Applicant statement
Discharge documents if PS
*EPS Waiver - see below


NGB Waiver
NGB 22-3 signed by unit or RRB
Approved Suitability Review
All Police / Court Records
Generated SF86
Applicant Statement
Reference Letters
TAG Endorsement
Discharge Packet per Tbl 2 if PS
680-3-ADP for DAT/drug waivers

Dependency Waiver
NGB 22-3 signed by unit or RRB
Divorce Decree if applicable
Discharge documents if PS
Dependency Memo
Dependency Memo Military
DA Form 3072-2

FCP if Single Parent:
DA Form 5304
DA Form 5305
DA Form 7666
DA Form 7667
DA Form 5840
DA Form 5841


EPS Waiver
Required for E-5 and above
NGB 22-3 signed by unit or RRB
Proof of MOS or slot requested
DD214/NGB22 or proof of rank
NCOES/SSD completed



Medical Waiver Workflow

Medical Action Tracking System (MATS)
When submitting a Medical Waiver request, the MOS is a major component in the waiver decision making process and is directly linked to the waiver. Consequently, any request for an MOS change after a waiver decision is completed will require re-evaluation by the Waiver Authority. This process could take up to 72 business hours.

Process to submit Medical Waiver
1. The RRNCO must intitiate the request for waiver from Recruiter Zone. The RRNCO must ensure that a projection has been done.
2. The NCOIC must approve/disapprove the request for waiver from Leader Zone. Even though the RRNCO is initiating the workflow from RZ, if he or she has LZ access, the system may recognize the RRNCO as being at the NCOIC level, thus causing the workflow to be Returned Without Action (RWA).
3. The State Ops LNO should now be able to action the request for waiver.

Note: Height/weight (to include max weight) data and ASVAB line scores must be present in ARISS. MATS is used for the submission of medical waivers. The waiver workflow (only) for medical waivers is initiated and approved by the State Ops LNO in GCRc once the medical waiver has been approved.

MATS Documents Checklist
a. Enlistment Medical Waiver
b. Medical Predetermination
c. Commissioning Medical Waiver
d. DoDMERB Medical Waiver

References
a. AR 40-501 Standards of Medical Fitness
b. Asthma Medical Waiver
c. Hearing Loss Medical Waiver
d. ADD/ADHD Medical Waiver
e. Underheight Medical Waiver

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