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  1. #1
    williamj Guest

    Need Help In Joining Military With Misdemeanors

    What is the name of your state?What is the name of your state?What is the name of your state? FLORIDA
    I am trying to join the military but the recruiter has looked over my background check and said that I have too many Misdemeanors such as the following:
    2 years ago I was charged on a DUI and resisting an officer without violence.
    I was also picked up on a violation of probation pertaining to the DUI.

    The court dropped the resisting an officer and I received a nolle prosequi for it. I completed the year probation for the DUI. However, since the court did not have proof that I had paid the fine, I was picked up on a violation and spent a few days in jail. I paid my fine and was released without any other probation.
    They are calling this 3 counts of misdemeaner:
    1. DUI
    2. Resisting officer ( they are telling me that I need to provide evidence why it was dropped. I went to the court and there is nothing in the file only the nolle Prosequi paper) Apparently if there was an additional sentence added onto the DUI, I am guilty of it even though I was cleared
    3. Violation of probation.

    My question is would this be considered 3 misdemeaners or 2?
    Also, is there another way of getting this cleared? I was told that I could try writing to my congressman for clearance into the military but that would be the last resort.

    Sorry that this is so long but I am really desperate.
    Thank you

    Also, one other thing; do different states have different military laws as far as getting into the military. Such as if I moved to my sister's house in Virginia would it be any easier?

  2. #2
    Join Date
    Feb 2005
    Boston, MA
    I'm having the same problems in MA. about 4 years ago I was arrested for a bunch of crap, but did my probation and they've all been dismissed. I went to 2 recruiters and they said since they saw them as Continue without finding that guilty. Which is BS!. This year I went to a Army NG recruiter who also sees the CWOF finding, but also sees they were dismissed. Yet I'm still having problems. These recruiter HAVE to bring people in yet they give up pretty easily. What kills me is since my charges were all dismissed even by military rules they never happened. So WTF?

  3. #3
    Join Date
    Jul 2004
    Actions speak louder than words. The legal system allows for defered judgements, diversion programs and expungement, however the original offense and subsequent actions are all a part of your record. The military has 0 tolerance for some things. You knew before you committed the offenses and negotiated a lessor punishment that you still would pay a price your entire life, military service is one of the areas affected expecially once you have multiple offenses.

    Why would the military want a person who can't or won't follow orders? Why would the military want a person with a history of DUI, that would limit their potential for many jobs requiring unhampered attention?

  4. #4
    Well keep trying. The Army/ and Marine Corps are falling way behind in there quarterly recruitment goals. I know someone who just got in the National Guard after he got out of prison; he was in for vehicular manslaughter and didn't have any problems at all. He is actually a prison guard at abu graid. I"know someone who knows someone" in the pentagon, and the scuttlebut is they are getting ready for a draft twoards the end of 2006 if there isn't a dramatic change in recruitment. The president is going to sign an executive order so it doesn't have to go through congress and the senate. If that happens you could get in so easy.

  5. #5
    Join Date
    Aug 2005

    Lightbulb Why would you want to join?

    You say you have problems in the civilian Life right? Now why would you want to get in more trouble with the Army. Do you know how serious the army is? I mean I would advice you not to join. You should try to get a job in the civilian world, believe me its better for you. The Army if they find your work unsatisfactory can use some of that against you afterwards. There not supposed to but after seeing what has happen to others who joined the army having some kind of civilian record, than I advice against it. Please dont feel too bad about the way I say this, but I wish you a better life than the Army life.

  6. #6
    Join Date
    Jun 2005
    Back from Iraq
    A lot of it has to do with your ed level... You probably have a GED.

    The current policy is that an applicant with less than a regular HS diploma (GED/homeschool/National Guard Youth Challenge) will only be considered for a waiver at Battalion Level. No serious criminal misconduct waivers will be allowed.

    Here is a simple breakdown, reference AR 601-210 to see for yourself.

    1st charge - DUI. Counts as a misdemeanor, but also falls under serious offense. 1 charge = Bn level, 2nd charge = USAREC Serious criminal misconduct waiver.

    2nd charge - VOP. Counts as 2nd count for offense you are on probation for. In this case... DUI. See above.

    3rd charge - Resist Officer w/ or w/o violence (not specified). Misdemeanor count.

    You are currently past the Bn waiver threshhold, and need a USAREC level Serious Criminal Misconduct waiver. You must be a high school graduate (minimum) to apply for this waiver, and score over a 50 AFQT on the ASVAB for a good chance at approval. If you meet these requirements, let me know... I am a Recruiter in Florida myself. If not, go get yourself 15 semester hours of college or 675 clock hours at your local vo-tech. This will suffice in leiu of a HS Diploma for waiver purposes (shows you have tried to straighten out your life since the offenses). In addition, you must have completed all requirements of the Court (including probation time) a minimum of 30 days prior to applying for enlistment.

    To snatale1: AR 601-210 leaves no doubt as to the intent. There are only 2 outcomes... Guilty or Not Guilty. Everything else is considered an Other Adverse Disposition (OAD). And OAD counts as GUILTY for qualification purposes. In addition to that, intent = did it. If someone is charged with Attempted ***** or ***** with intent, the charge counts as if they had succeeded (ex- attempted murder = murder, possession with intent to sell = dealing/trafficking). Some charges require listing/waivers even if dismissed... Ex. Domestic Battery. The Lautenburg Act prohibits any wife beaters to posess a firearm (can't perform job legally). All battery or domestic battery charges must be reviewed, and the victim listed.

    We don't "give up easily," our hands are tied by the regulation (AR 601-210). And, no... All the speculation of draft is rumor. The media sensationalizes everything, and makes it look like we aren't getting enough people. Here is the truth: During a normal year, we need 50-60,000 enlistments. We are increasing the size of the Army right now. We need 80,000 enlistments. We are on track to make it, and when we "missed our marks," we were still putting in more than ever before. I have personally put over 20 people in this year alone... There are over 5,000 Recruiters. If everyone does like I do (I am about average), that equates to 100,000 people. Where do we stand??? High enough to not change the enlistment standards...

  7. #7
    Join Date
    Sep 2004
    I'm aware of the situation with respect to a draft as well. However, there will be challenges to any executive order, since there is a lawfully passed statute on the subject that preempts the executive order. In other words, expect the courts to enjoin that executive order.

    Then again, you can also expect Congress to react and perhaps pass another draft.

    The giving or taking of any advice given in this forum does not constitute an attorney-client relationship and any readers of any posts acknowledge that they are not in any type of attorney client relationship with the poster.
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