Posted on Feb 23, 2016
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LTC Stephen F.
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Arrest is not the primary issue (Join to see) Conviction is the issue. In general conviction for misdemeanor offense should not be grounds for denying an application unless there are compelling circumstances. However felony convictions should generally exclude somebody from military service.
The primary issue for security clearance is truthfulness not necessarily behavior.
That being said when i enlisted in November 1974 we had a few trainees who had been given the choice of jail or military service. If that program still exists I think the judge who hears the case may be in the best position to determine whether or not the convicted person could serve as military servicemember.
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SFC J Fullerton
SFC J Fullerton
>1 y
I stand corrected- No longer exists. I can only attest that it has not existed since 1997, when it was abolished I do not know. AR 601-210, Chapter 4, para 4-4: "(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). b. Applicant who, as a condition for any civil conviction or adverse disposition or any other reason through a civil
or criminal court, is ordered or subjected to a sentence that implies or imposes enlistment into the Armed Forces of the
United States is 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
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SFC J Fullerton
SFC J Fullerton
>1 y
SGM Erik Marquez - SGM, when it comes to AR 601-210, it is enforced or humans who make contradictory decisions or have poor reading comprehension skills get in big trouble. See para 1-7. The passage you quoted is not in the same context as charges dismissed under condition of enlistment. Also, the preceding sentence to that would apply. "Questionable
cases will be referred to USAREC Plans and Policy or Personnel Policy and Readiness Division, through the chain of
command." Not trying to sharpshoot, just trying to clarify. Thanks
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SGM Erik Marquez
SGM Erik Marquez
>1 y
SFC J Fullerton - Big trouble? Sure, if it matters to someone that notices . Not trying to be a pain... but the reality is much different then the regulation. Seen it too many times to believe it was an isolated incident.
And I will reread the reg, Im human and make mistakes as well.
But the way I read the reg it was TWO points of traffic. One dealt with juvenile offenders and other with those not.
My interpretation was, if you had charges levied, and then dismissed as a juvenile, that did not fall in the same category as an adult..where such deal of charges dropped for admission into service is against regs.
This situation is apropo to another thread running reference JAG, EO, IG.. If I came to this situation, I would run it past JAG.. let them, the legal SME do the interpretation and suggest a COA.
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SFC J Fullerton
SFC J Fullerton
>1 y
SGM, not sure if you ever been assigned to USAREC or not. From my experience as a recruiter, station commander, Recruiting Bn Ops NCO, and MEPS Senior Counselor, when it comes to this regulation, it does matter and someone will notice. Many careers have been ruined by those that willfully enlist a disqualified person, knew about it and did nothing, or simply didn't pay to attention to detail. (see par 1-7).The passage you quoted came fro para 4-4, Listing of Disqualifications. All charges/dispositions are considered regardless of adult or juvenile.
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SSG Donald Mceuen
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It took alot of help to get me in the army. And when it finally happened it changed my life. I became
a good person and learned things that made me responsible adult. I know it will not work for all but it worked for me. All i cah say is thanks to the man that took a stand for me and got me in..
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1SG Civil Affairs Specialist
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Arrested or convicted?
If convicted, for what?
If arrested, on what charges.
Details matter. Which is why such cases are scrutinized and at times need a waiver from the Recruiting Command CO.
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