Restraint. "Restraint" includes suspension of a sentence (to include unconditional suspended sentences), confinement or incarceration in any institution, probation (to include unsupervised unconditional probation), or parole.
Sealed Juvenile Records. Several states have provisions for "sealing juvenile records" which serves to limit disclosures on the part of law enforcement officials and judicial authorities. In spite of the legal effect of such action, the applicant must reveal the record, and a moral waiver must be granted to authorize enlistment in these cases.
Unconditional Suspended Sentence and Unsupervised Unconditional Probation. An unconditional suspended sentence and unsupervised unconditional probation are considered a suspended sentence and probation imposed by a court, respectively, even though the court imposes no conditions:
a. Regarding an individual's freedom of movement, or
b. Requiring the payment of damages, or
c. Requiring periodic reporting by individuals to an officer of the court (to include a probation officer), or
d. Involving supervision by an officer of the court (including a probation officer) upon the individual.
Applicants currently under these forms of restraint are not eligible for enlistment until the term of the sentence or probation has been fulfilled.
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.
Special Requirements for Substance Abuse:
No drug-related waiver will be considered without a signed, complete copy of the Drug Abuse Screening Form.
Waivers will not be granted to non-prior service applicants who:
a. Have a history of drug or alcohol dependency or addiction; or
b. Have a court conviction for any drug offense (except simple possession of cannabis [30 grams or less], and steroids); or
c. Admit to trafficking marijuana or other illegal drugs.
(Note: "Trafficking" in drugs will be considered the unlicensed sale or trade of drugs for profit.)
d. Applicants who have been disqualified for testing positive on the DAT at MEPS.
Prior Service applicants who have received a court-martial, Nonjudicial Punishment (NJP), or discharge as a result of drug use or drug related offense (to include positive urinalysis) are not eligible for enlistment/ reenlistment. No waiver is authorized. Applicants who have received an Entry Level Separation as a result of drug use or drug related offense (to include positive urinalysis) require a mandatory 2 year wait. No waiver is authorized.
Convictions for possession of drug paraphernalia will be treated, for the purpose of an enlistment waiver, as if they were convictions for possession of the actual drug associated with the particular piece of paraphernalia.
The commanding officer of the recruiting station may waive the illegal use of prescription drugs prior to enlistment in the DEP when an applicant has been administered a prescription drug for medical purposes by a parent or person acting in the capacity of "loco parentis" when that drug has not been prescribed for the applicant. Examples include, but are not limited to, Valium and Tylenol III. All other illegal use of prescription drugs requires a waiver from the district commander.
Each decision authority (e.g., the recruiter; NCOIC; the CO recruiting station; the CO, recruiting district; or the CG, recruiting region) may deem the extent of an applicant's pre-service drug involvement to be excessive and opt not to favorably endorse the applicant's waiver request thereby terminating processing.
Failure to Disclose. An applicant may be discharged for failure to disclose use or abuse of illegal or prescribed drugs, to include convictions resulting from that use or abuse. The recruiter will advise the applicant of the serious ramifications which could result from failure to disclose.
