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View Full Version : Disqualified for a misdemeanor???


davidvirgodc
05-21-2008, 09:56 AM
I was told by an Army recruiter that I could not enlist because I have a misdemeanor for sexual solicitation. She told me that the military views this as a felon.

She also went on to say that this was a domestic violence and i would be prohibited from using firearms.

I spoke to my lawer and he said that this was bogus and I should get another recruiter.

Sexual solcitation is a minor misdemeanor and is not considered an act of domestic voice. Feel free to drop me a line at

da_greenfield@hotmail.com

Biglew97
05-21-2008, 10:37 AM
I was told by an Army recruiter that I could not enlist because I have a misdemeanor for sexual solicitation. She told me that the military views this as a felon.

She also went on to say that this was a domestic violence and i would be prohibited from using firearms.

I spoke to my lawer and he said that this was bogus and I should get another recruiter.

Sexual solcitation is a minor misdemeanor and is not considered an act of domestic voice. Feel free to drop me a line at

da_greenfield@hotmail.com

Look at this link, this is the criteria for enlistment. I will say that the military does look at legal violations differently than the civilian world.

Refer to
Chapter 2-11, Chapter 4..... this will give you the best idea what the Army uses for eligibility.

I don't think that soliciting sex is any where near Domestic violence?????? But the recruiter is right about the Domestic abuse thing, if you have been convicted of that there is no way you can serve...

4-11 states that it is a Serious Misdemeanor but I think it can be waivered ( don't quote me on that). If you want in it may be that your current recruiter doesn't want to spend the time getting all the paper work together. Its worth another opinion.

4-24 is what is non-waiverable

Chapter 4 section II dictates processing of all waiver requests.

http://www.army.mil/usapa/epubs/pdf/r601_210.pdf

davidvirgodc
05-21-2008, 10:43 AM
Thank you!!

So in other words my recruiter is lazy!!! This is no where near an assult or voice crime.

Thank you for your prompt response

Biglew97
05-21-2008, 10:57 AM
Thank you!!

So in other words my recruiter is lazy!!! This is no where near an assult or voice crime.

Thank you for your prompt response

Yes! I do believe so.

ringjamesa
05-21-2008, 11:10 AM
Not really. It is on you the apllicant to prove that you are qualified once a disqualifying factor is revealed. This means you will have to provide ALL the documentation from all the legal trouble you have ever had and provideit to your recruiter. I would also reccomend you provide character references if you want any chance of overcoming this hurdle. Provide this information and you may find your recruiter more open to discussing options with you however limited they may be. If you want your recruiter to do extra work on top of all the other work she has to do to put fully qualified people in, you have to prove to her that you are serious. As for the DV, the exception in the DoD policy is for "major military wapons systems or crew served military weapons and ammunitions such as tanks, missles, aircraft, etc." So, it is not necessarily a dead in the water thing but very close. As for whether this is DV, I don't know all of the facts but it depends who the victim was. According to DoD policy it is DV if among other things "the convicted offender was at the time of the offense: 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 is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian or a person who was similarly situated to a spouse, parent or guardian of the victim." Misdemeanors count.

davidvirgodc
05-21-2008, 03:02 PM
Thank you all for helping me on this matter. I am very serious and while looking at the Regs it does state the a waiver is needed for a sexual solicitation. People get waivers all the time, Im sure.

I've already writen an email requesting the opportunity for a waiver.

I will keep you guys posted.

thank you very much

Biglew97
05-21-2008, 03:14 PM
Thanks James,
He is a recruiter I believe?

I can find the references, but how to apply them is not my specialty.

Thanks again for the clarity.

mlrs_blk1a
07-14-2008, 09:24 AM
First of all, I appreciate your enthusiasm in wanting to enlist in the world's greatest army and I applaud your effort.
Next.......In your opinion, do you feel that the recruiter was lying to you, and if so, perhaps you could confront him/her and ask why.....simple thing to do.
Perhaps there is more to the story, we here on this web do not know your ht wt, or for that fact, your criminal background check, what it may have turned up.
USAREC is stringent about how it deals with crimes, what is a misdemeanor to the civilian sector is classified sometimes as a felony or moral waiver to the Army.
Is it possible instead of bashing a recruiter, you could possibly find an answer by seeing another recruiter, perhaps the station commander, or how about going to the next closest Army recruiting station.
Like I said, I appreciate your enthusiasm, but please, maybe next time you could handle this a little more professionally, instead of airing it here in a forum, where USAREC already gets enough bad press.

Unregistered
07-15-2008, 11:00 AM
Amen!
Many thanks to those of you that supported the Recruiter. As the wife of a Station Commander, I hear all about the applicants that think their Recruiter is lazy. I can assure you that I don't know of any lazy Recrutiers at his Station.

Recruiters do get a bum rap way to often. My favorite is the applicant who tells his/her family that the Recrutier won't let them join. The rest of the story? The applicant needs to be able to pass the drug test in order to join. Of coarse, they forgot to tell Mom and Dad that part of the story.

My advice to the "Disqualified applicant" is pretty much the same as everybody elses. Quit complaining/whining about the laziness of the Recruiter and start doing something about it. Quit running to your attorney and head over to the courts and get copies of your record. Show that Recruiter that you deserve the right to wear that uniform. Until they get your paper work straightened out - ask if you can do PT with the station. Attend DEP functions. In other words - put your money where your mouth is.

Oh, one last thing. Loose the attitude. Forget the whine and never complain - those drill instructors just LOVE people like that. The men/women that you will be in training with will not! Best of luck to you! I hope that you can get your "poop in a group" and work things out. You just need a different attitude.

TheHarleyMan2
07-17-2008, 03:15 AM
I have had experiences with some recruiters when I cam back from a 2 years break in service. I got out of the National Guard in 2005. Prior to me getting out I wanted to go into the Army Reserves after my ETS date with the National Guard and I was an applicant who needed a lot of paperwork to get me in the Army Reserves. It took me 2 years of going to different recruiters because one would start paperwokr, or send me to take a ASVAB, or one would send me for a physical I had to finally get in contact with recruiting command at Fort Knox after getting jerked around by recruiters for 2 years as there was "NO REASON" to prevent me from coming back into the service since the day I ETSed out of the Guard. I found out that 6 of the Recruiters at 6 different stations in the 2 year time frame of trying to get back in didn't like to do a lot of paperwork prior to me contacting the congressman and prior to me contacting Fort Knox Recruiting Command. They have it much easier with a "NEW" recruit than someone with many years of PRIOR service who have to have paperwork done. This had cost me 2 years of lost time of service, promotion, etc. There was "NO REASON" to prevent me from leaving the National Guard and coming over into the Army Reserves and this was STATED BY Fort Knox Recruiting Command after LOOKING at MY RECORDS and EVERY OTHER PAPERWORK ASSOCIATED WITH GETTING INTO THE SERVICE, but the Recruiters I found here in Texas, "ARE LAZY ABOUT PAPERWORK" They SCREWED ME OUT OF 2 YEARS SERVICE TIME of which I have to do another 2 years to retire. I have 18 years as of now. I could have retired last year or the year before if the RECRUITERS done THIER JOB. They want the Active Duty pay, but they "DON'T DO THIER JOB if it requires more than 5 pieces of paper" a VERY SMALL NUMBER ACTUALLY DO THIER JOB.


The National Guard is easier to get into the Armed Services. The recruiters there can get you in even with some major misdimeanor charges and waivers are easier with the National Guard. Get into the National Guard, enlist for the SHORTEST term possible. Once you are in at least a year, transfer over into Active Duty, The National Guard has to release you if you are in a FINANCIAL HARDSHIP for the REASON you WANT to go onto Active Duty if that is what you are wanting to do, but you MUST stay in the Guard at LEAST 1 year. Once you are in the DOD system, it will be MUCH easier to get into other branches of the service as YOU WILL NOW BE A SERVICE MEMBER.

fenway
12-12-2008, 08:20 PM
This is a good reason to save every peace of paper you can whether in court or military, especially military .
In the end a recruiter is not your advocate.. you are. they are getting extreme pressure to keep NEW recruits in the pipeline