A waiver is required for any applicant who has received a conviction or other adverse disposition for a serious criminal misconduct offense. The waiver approval authority is the Commanding General of the Army Recruiting Command. I should mention here that while waivers are "technically" possible, serious criminal conduct convictions or other adverse dispositions are rarely waived. Applicants will incur a 6-month wait from date of conviction prior to waiver processing.
The following are typical serious criminal misconduct offenses:
- Act of violence to include threats against any school faculty members, when a penalty was imposed by school officials (for example, expulsion, suspension, fine, or community service). Waiver approval authority is the recruiting battalion commander, acting commander, or executive officer.
- Aggravated assault, assault with dangerous weapon (brigade-level suitability).
- Arson (brigade-level suitability).
- Attempt to commit a felony.
- Breaking and entering.
- Bribery.
- Burglary (possession of tools), to include auto.
- Carjacking.
- Carnal knowledge of a minor.
- Carrying of weapon on school grounds, when a penalty was imposed by school officials (for example, expulsion, suspension, fine, or community service). Waiver approval authority is the recruiting battalion commander, acting commander, or executive officer.
- Check, worthless, making or uttering, with intent to defraud or deceive ($500 or more).
- Child abuse (CG, USAREC-level suitability).
- Criminal libel.
- Domestic battery/violence, considered under the Lautenburg Amendment (CG, USAREC-level suitability). See below for definition of the Lautenburg Amendment.
- Domestic battery/violence not resulting in a qualifying Lautenburg conviction. Waiver approval authority is the recruiting battalion commander, acting commander, or executive officer.
- Driving while intoxicated (DWI), driving under the influence (DUI), or driving while impaired because of substance abuse, alcohol, drugs, or any other condition that impaired judgment or driving ability. Waiver approval authority is the recruiting battalion commander, acting commander, or executive officer. If the applicant has two DWIs/DUIs and one of them is longer than five years from date of enlistment, a waiver may be approved by the Commanding General of the Army Recruiting Command.
- Embezzlement n. Extortion.
- Forgery; knowingly uttering or passing forged instrument.
- Graft.
- Hate Crimes (CG, USAREC-level suitability).
- Illegal/fraudulent use of a credit card, bank card, or automated card (value of $500 or more).
