32 C.F.R. § 571.3 Waivable enlistment criteria including civil offenses.
Title 32 - National Defense
(a) Waivers of enlistment eligibility criteria—(1) General. This section gives the procedures for initiating and processing requests for waiver to meet the basic qualifications for enlistment. (2) All waiver authority. The Commander, U.S. Army Enlistment Eligibility Activity (USAEEA) may act for the Commanding General, U.S. Army Military Personnel Center (MILPERCEN) to process, approve and disapprove waivers for enlistment. (3) Waiver disapproval authority. The responsibility for deciding if a waiver request warrants favorable consideration rests at all levels. (4) Validity period. Unless otherwise stated in the waiver document, waivers are valid for 6 months. (5) Waiver approval authorities—eligibility criteria. (b) Civil offenses—(1) Moral standards. Moral standards for enlistment deal generally with the acceptability of persons with records of court convictions or adverse juvenile judgments. The standards screen out persons who may become serious disciplinary cases and who could bring harm to a military mission. (2) Waiver approval authorities—civil offenses. (c) Rules governing processing of moral waivers. (1) Individuals require a misdemeanor waiver if arrested, cited, charged, or held and allowed to plead guilty to a lesser offense or to plead guilty to criminal possession of stolen property (value $100 or less). An arrest or questioning with no preferral of charges does not require a waiver. When charges are dismissed without determination of guilt no waiver is required. A waiver is not authorized if a criminal or juvenile court charge is pending or if such a charge was dismissed or dropped at any stage of the court proceedings on condition that the offender enlist in a military service. (2) To ensure equal treatment of all persons applying for RA enlistment, notwithstanding the wide variance in State statutes, the following guidance is furnished: (i) Expunging of the record. Some states have procedures for (subsequent) “expunging of the record,” dismissal of charges, or pardon (upon evidence of rehabilitation of the offender). Such action has the effect of extinguishing the “initial conviction” or “adverse juvenile adjudication.” Under the State law, the applicant then has no record of conviction or adverse juvenile decision. Despite the legal effect of this action, a waiver is required to authorize the RA enlistment of such an applicant. The record is also required to be revealed. (ii) Juvenile and youthful offenses. To determine eligibility for RA enlistment, a juvenile or youthful offense is defined as one committed by the applicant under the age that the individual could enlist in the RA without parental consent. Offenses committed below the age of 18 are considered juvenile or youthful offenses regardless of disposition of civil authorities. For example, a juvenile felony is one committed by an applicant under 18, whether or not the result is a civil court conviction or adverse juvenile judgements. On the other hand, an adult felony is one committed by an applicant when 18 years old or older regardless of what type of court makes the decision. (iii) Civil court conviction. This term means the decision of guilty by a court (or a jury) based either on the case's merits, or on the defendant's guilty plea or nolo contendere, regardless of— (A) Whether sentence was then imposed, withheld, or suspended, or (B) Subsequent proceedings deleted an initial decision of guilt from court records, based on evidence of rehabilitation or completion of a satisfactory probationary period. Examples of subsequent proceedings in adult offender cases include pardon; expungement; reopening of the case to change the original finding of guilty or nolo contendere, to not guilty, dismissing the charge, amnesty, and setting aside the conviction. These subsequent proceedings merely recognize rehabilitation, they do not alter the fact that the offender committed the criminal act. (iv) Adverse juvenile judgements. This term— (A) Means that a judge or a jury in a juvenile court proceedings determined that the juvenile was guilty of or committed the alleged acts, that the decision was based either on the complaint's merits or on the juvenile's admission of guilt or plea of guilty; and that the decision was recorded in the court records. (B) Applies, whether or not sentence was then imposed, withheld, or suspended; and regardless of subsequent proceedings to delete an initial determination of guilt from court records, based on rehabilitation or satisfactory probation or supervision. Examples of subsequent proceedings in juvenile courts include expungement; record sealing; reopening the case to change the original findings of guilty or delinquency, or the plea of guilty or admission of the truth of the allegation, to not guilty; and dismissal of the original petition and setting aside the decision of delinquency. These subsequent proceedings merely recognize rehabilitation. They do not alter the fact that the juvenile committed the act for which he or she was judged. (C) Includes judgement 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 the judgement of the juvenile as dependent, neglected, or abandoned. (v) Unconditional suspended sentence and supervised unconditional probation. These terms mean a suspended sentence or probationary status imposed by a court that places no condition upon the individual— (A) Concerning individual's freedom of movement. (B) Requiring the payment of damages. (If paid, this requirement is no bar to waiver consideration.) (C) Requiring periodic reporting to an officer of the court (including a probation officer). (D) Involving supervision by an officer of the court (including a probation officer). For example, a sentence suspended on sole condition that the offender must not commit a like offense in the next 12 months does not bar waiver consideration. (vi) For prior service personnel. Although the applicant must reveal all offenses committed, only those require a waiver that are committed during and/or subsequent to the last period of honorable service, and/or those not previously revealed. For Reserve Component personnel of any Service, waivers are required for all offenses shown that require a waiver, whether or not a waiver was authorized for entry into the Reserve Component. Waivers granted to enter the Reserve Components are not valid for Regular Army enlistment. (d) Waiting period. The waiting period following release from civil restraint gives the individual an opportunity to demonstrate a satisfactory adjustment and the Army a basis to judge the applicant's rehabilitation before enlistment. (e) Required investigations. If the applicant does or does not admit a record (to include arrests, charges, juvenile court judgments, and convictions), and the enlisting agency has reason to believe a record exists, enlistment action will be held in abeyance pending an investigation. (f) Civil restraint. (1) If all civil restraint is ended and there is substantial evidence of rehabilitation as a law-abiding member of a civil community, the applicant may be processed for enlistment. (2) Recruiting personnel will not help directly or indirectly in the release of an individual from a pending charge so that he or she may enlist in the Army as an alternative to further prosecution or further juvenile court proceedings. Equally important, recruiting personnel will in no way contribute, either tacitly or expressly, 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 preenlistment processing to determine their mental and medical eligibility. (g) Restrictions on help. Recruitment personnel will not help in any way to secure the release of individuals from any type of civil restraint so that these individuals may enlist or start reenlistment processing. The term “civil restraint” includes confinement, probation, parole, and suspended sentence. Persons under civil restraint that makes them ineligible for enlistment are not eligible for preenlistment processing to determine their mental and medical eligibility for enlistment.
Title 32: National Defense
PART 571—RECRUITING AND ENLISTMENTS
§ 571.3 Waivable enlistment criteria including civil offenses.
------------------------------------------------------------------------ If disqualification is_ Then approval authority is_------------------------------------------------------------------------(i) Medical: Non-prior service....................... CG, USAREC Prior service........................... CG, MILPERCEN(ii) Underweight or overweight (+ or -5 lbs.): Non-prior service....................... AFEES Senior Medical Officer Prior service........................... None. Prior service applicants enlisting in DEP or active Army must meet the AR 600-9 weight standards. No waivers are authorized.(iii) Dependents.......................... CG, MILPERCEN(iv) AWOL: Lost time 1-15 days..................... CDR, District Recruiting Command (DRC) Lost time over 15 days.................. CG, MILPERCEN(v) Previous discharge for dependency or CG, MILPERCEN hardship.(vi) Last separated from any of the Armed CG, USAREC Forces on the basis of being a sole surviving person and family member or applying for enlistment for the first time.(vii) Previous conscientious objectors who are no longer conscientious objectors: Non-prior service....................... CG, USAREC Prior service........................... CG, MILPERCEN(viii) Received one or more convictions by CG, MILPERCEN military courts-martial during last period of active service or was discharged with disqualifications (e.g., unsuitability, conviction by civil court, resignation for good of Service, misconduct, fraudulent enlistment, or bar to reenlistment).(ix) Desires to enlist as conscientious objector: Non-prior service....................... CG, USAREC Prior service........................... CG, MILPERCEN(x) Was denied reenlistment at time of CG, MILPERCEN last separation from active Service under Qualitative Screening Process unless ineligible for enlistment.(xi) Discharged under the Trainee CG, MILPERCEN Discharge program or Expeditious Discharge program.(xii) Primary Military Occupational CG, MILPERCEN Specialty (PMOS) Evaluation Score below 70.(xiii) Persons whose DD Form 214 (Report CG, MILPERCEN (Year Group of Separation from Active Duty) contains Management) no PMOS evaluation score.(xiv) Persons enrolled in the Alcohol and CG, MILPERCEN Drug Abuse Prevention and Control Program (ADAPCP) at time of last separation from active duty.------------------------------------------------------------------------
------------------------------------------------------------------------ If the offense is_ Then approval authority is_------------------------------------------------------------------------(i) Minor traffic offenses................ CDR, Recruiting Area(ii) Minor non-traffic offenses........... CDR, Recruiting Area(iii) Misdemeanors........................ CDR, DRC(iv) Juvenile felonies.................... CG, USAREC(v) Adult felonies........................ CG, MILPERCEN(vi) Civil restraint of unconditional CDRs in lines (i) through suspended sentence or unconditional. (v) for the offenses involved------------------------------------------------------------------------
