Marine Corps. The Marines divide criminal offenses into one of six categories. In general, a waiver is required for: five to nine minor traffic offenses; two to five more serious traffic offenses; two or more Class 1 minor non-traffic offenses; two to nine Class 2 minor non-traffic offenses; two to five serious offenses; or one felony. Individuals with ten or more minor traffic offenses, six or more serious traffic offenses, ten or more Class 2 minor non-traffic offenses, six or more serious non-traffic offenses, or more than one felony are not eligible for a waiver. For details, see our Marine Corps Criminal History Information Pages.
Navy. The Navy divides criminal offenses into four separate categories. Applicants with six or more minor traffic violations, three or more Minor Non-Traffic Violations/Minor Misdemeanors, one or more Non-Minor Misdemeanors, or one or more felonies, require a waiver. For complete information, see our Navy Criminal History Information Pages.
Let me mention that although, technically, felonies can be waived, the services almost never do this. This is especially true if the crime involved sale of narcotics, sex crimes, or violence. Additionally, those convicted of "domestic violence," by federal law, are prohibited from owning or possessing firearms. That pretty much makes the individual worthless for military purposes, so such waivers are not likely to be approved.
Whether or not a waiver will be considered or approved depends on several factors, including the exact circumstances of the offense, how old the applicant was at the time, how long ago the offense occured, and how bad that particular military service needs that particular warm body at that particular point in time. In general, during years when the services are having few problems attracting qualified recruits, fewer waivers are considered and approved. During years when the services are having a difficult time finding enough qualified volunteers to meet their quotas, one can expect more waivers to be considered and approved.
One also needs to understand that the wavier approval process is somewhat subjective. What I mean by that is there is some human being (usually a commander), in the chain of command who will ultimately approve or disapprove the waiver request. If, for example, that person recently had their house burglarized, they are probably not going to feel very "generous" towards any waiver request involving burglary or theft. For more detailed information, see our Criminal History Waiver Information Page.
Enlistment As An Alternative To Prosecution
Applicants may not enlist as an alternative to criminal prosecution, indictment, incarceration, parole, probation, or other punitive sentence. They are ineligible for enlistment until the original assigned sentence would have been completed.
Homosexual Conduct
Don't Ask, Don't Tell is the current policy for the United States Military. What that means, in a nutshell is that the military will not ask about someone's sexual preference. That means that homosexuals can service in the military, but they cannot engage in any homosexual conduct, nor can they tell anyone about their sexual preference.
(1) Applicants for enlistment will not be required to reveal their sexual orientation. However, homosexual conduct may be grounds for barring enlistment. Homosexual conduct is any homosexual act, a statement by the applicant that demonstrates propensity or intent to engage in homosexual acts, or a homosexual marriage or attempted marriage.
(a) An applicant will be rejected for entry if he or she makes a statement that demonstrates that the applicant has a propensity or intent to engage in homosexual acts, unless there is a further finding that the applicant has demonstrated that he or she does not have a propensity or intent to engage in homosexual acts. A statement by the applicant that he or she is a homosexual or bisexual, or words to that effect, creates a reputable presumption that the applicant engages in homosexual acts or has a propensity to do so. However, under DOD policy, the applicant shall be advised of this presumption and given the opportunity under the procedures prescribed below to rebut the presumption by presenting evidence sufficient to demonstrate that he or she does not engage in homosexual acts and does not have a propensity to do so.
