Waivers cannot be issued for charges pending, or for individuals who are currently undergoing restraint or probation. See waiting periods below. Additionally, an 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 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.
Special Notes:
Unless otherwise stated on waiver cover sheet or document, waivers granted under this chapter are valid for 6 months from approval date unless a change in status occurs. (Exceptions are DEP/Delayed MSO personnel whose waivers are valid until RA enlistment if no change occurs in qualifications.) Persons who acquire additional offenses or disqualifications after waiver approval must resubmit waiver for reconsideration before enlistment.
Recruiting personnel will not:
a. Take part directly or indirectly in release of a person from pending charges so that he or she may enlist in the Army as an alternative to future prosecution or further adverse juvenile or adult proceedings. Equally important, recruiting personnel will in no way contribute either directly or indirectly, 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 mental or medical eligibility.
b. Take part in any way in obtaining release of a person from any type of civil restraint so that he or she may enlist or complete enlistment processing to determine enlistment eligibility. The term civil restraint includes confinement, probation, parole, and suspended sentence. Accordingly, persons under the type of civil restraint that makes them ineligible for enlistment are not eligible for processing to determine mental and medical eligibility for enlistment.
c. Process any person who has a doubtful criminal status. For example, while not classified as a specific "pending charge," an applicant may have a possible indictment or arrest pending; further, the recruiter may have obtained information that indicates the applicant's character may be questionable. These situations cannot be defined as an absolute in the qualification or disqualification process. When doubt exists as to the possible pending arrest, indictment, or pending nature of an offense, clarification must be obtained through the chain of command. As an example, clarify, via the chain of command, an applicant's eligibility and "questionable moral character if the applicant claims no arrest record and no pending charge, but local law enforcement officials indicate that the applicant is a suspect and it is possible that charges are about to be filed.
Waiting period. The waiting period following release from civil restraint gives the person a chance to show satisfactory rehabilitation. It gives the Army time to evaluate the extent of the applicant's rehabilitation.. Waiting periods following civic restraint or waiver submission are as follows:
(1) If an applicant was on parole, probation, or suspended sentence, a 30-day waiting period after period of civil restraint has been concluded is required before processing or a waiver can be submitted.
(2) If an applicant had confinement as a juvenile or an adult for less than 15 days, a 3-month waiting period is required before an applicant can process or submit a waiver.
(3) If an applicant had confinement as a juvenile or adult for 15 days of more, a 6-month waiting period is required before he or she can process or submit a waiver. As an exception the Recruiting Battalion Commander may waive up to 3 months of the 6 month waiting period if the applicant is sentenced to pay a fine and, as an alternative, served a confinement period. Written verification is required from court imposing confinement. Any exception granted by the BN CDR must be annotated in the Remarks section of the DD Form 1966 as well as noted on the waiver memorandum if a waiver was required.
