Any applicant for enlistment in the United States Army who has Received two, three, or four civil convictions or other adverse dispositions for a misdemeanor offense.requires a waiver. The waiver approval authority is the recruiting battalion commander, acting commander, or executive officer.
The following are typical misdemeanor offenses:
- Altered driver's license or identification.
- Assault, fighting or battery (more than $500 fine or restitution or confinement).
- Carrying of weapon on school grounds (Note: The Army classifies this as a serious offense, even if charged/convicted as a misdemeanor. This includes carrying of weapon on school grounds, when a penalty was imposed by school officials -- for example, expulsion, suspension, fine, or community service).
- Check, worthless, making or uttering, with intent to defraud or deceive (less than $500).
- Conspiring to commit misdemeanor.
- Contempt of court for misdemeanor offenses.
- Contributing to delinquency of minor.
- Crimes against the family (nonsupport of family).
- Criminal or malicious mischief (less than $500 fine or restitution or confinement).
- Desecration of American flag.
- Desecration of grave.
- Domestic battery/violence, not considered Lautenburg Amendment (Note: The Army classifies this as a serious offense, even if charged/convicted as a misdemeanor. See below for Lautenburg Amendment Definition).
- Driving while drugged or intoxicated, or driving while ability impaired (Note: The Army classifies this as a serious offense, even if charged/convicted as a misdemeanor.).
- Failure to register with Selective Service.
- Failure to stop and render aid after accident.
- False bomb threat.
- Glue sniffing/paint/chemical sniffing.
- Harassment, menacing or stalking.
- Illegal burning without intent to commit arson
- Illegal or fraudulent use of a credit card, bank card, or automated teller card (value less than $500).
- Indecent exposure.
- Indecent, insulting, or obscene language communicated directly or by telephone to another person.
- Joy riding.
- Larceny or conversion (value of less than $500).
- Leaving scene of an accident or hit and run. z. Looting. aa. Mailing to include e-mail of obscene or indecent matter.
- Mailbox destruction.
- Permitting a DUI.
- Prostitution or solicitation for prostitution (Note: The Army classifies this as a serious offense, even if charged/convicted as a misdemeanor.).
- Possession of marijuana or drug paraphernalia (Note: The Army classifies this as a serious offense, even if charged/convicted as a misdemeanor.).
- Reckless driving, careless, or imprudent (considered a misdemeanor when the fine is $300 or more or when confinement is imposed; otherwise, considered a minor traffic offense).
- Reckless endangerment.
- Resisting arrest or eluding police.
- Selling or leasing weapons.
- Stolen property, knowingly received (value less than $500).
- Criminal trespass.
- Unauthorized use/taking of a vehicle/conveyance from family member.
- Unlawful carrying of firearms or carrying concealed firearm.
- Unlawful entry.
- Unlawful use of long-distance telephone calling card.
- Use of telephone to abuse, annoy, harass, threaten, or torment another.
- Vandalism (more than $500 fine or restitution or confinement).
- Violation of probation.
- Willfully discharging firearm so as to endanger life; shooting in public.
The definition of domestic battery/violence under the Lautenburg law is as follows: At the time of the offense, the convicted offender was one of the following:
- A current or former spouse, parent, or guardian of the victim.
- A person with whom the victim shared a child in common.
- A person who was cohabitating with or has cohabitated with the victim as a spouse, parent, or guardian.
- A person similarly situated to a spouse, parent, or guardian.
