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  • Waiver

    I am former AD and was discharged back in 2001 (prior to 9/11). I received a JFV (physical condition, not a disability) discharge and a re-enlistment code of 3. I do understand that just because your DD214 says that you are waiverable, doesn't mean that you will be. Anyway, the reason I was discharged was because I had severe shin splints and bunions which kept me on profile most of the time and made me a target by those above me. It caused me anxiety and I had a mental eval done. It said I had anxiety and adjustment disorder - I actually had no problem adjusting, I was just under stress from the torment from my unit. Even though I thought I was doing my unit, and the Army as a whole, a favor by leaving this was obviously not the best action to have taken. Hind sight is always 20/20 though. I am currently speaking with a recruiter who told me, last week, to go and request my medical records but I actually found my packet over the weekend - I have tried contacting her to let her know but she is busy doing Guard recruiting and other things, apparently, as I have not heard back from her. She said I would have to get my feet fixed before the Army would even consider looking at my waiver and that words like "anxiety" and "adjustment disorder" are trigger words for the service (a fact I have learned just recently) and that they would likely can my request to enlist again. I was, and never have been, under a doctor's care nor ever medicated for anxiety. That part of my problem was alleviated by leaving the service. My question is, do I have a shot at reentry or am I spinning my and my recruiters' wheels? It's been 16 years and a lot happens in that amount of time. In case it helps, I completed half of my 3 year contract before discharge. Thanks in advance.

  • #2
    I am just curious if anyone can give me some insight on waivers. I am seeking to join the guard in South Carolina but I have a felony on my record from when I was 23, I'm 28 now. I'm getting conflicting reports from different people and online sources on eligibility. And before I spoke to a recruiter and wasted their time I was just curious if it was unheard of to get a waiver for the felony. It's non violent and doesn't involve drugs or abuse at all. It's Computer Crimes 1st degree. I made some careless mistakes and caused a bunch of damage to my work computer network. Any help would be appreciated!

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    • #3
      Those with a felony conviction are typically disqualified from joining the National Guard.

      (In a nutshell you have to legally be able to handle a firearm, in most cases you can't legally do that with a felony history)

      Even the conviction of many of the more serious misdemeanors, involving domestic violence, violence or drugs, will also prevent those with a criminal record from enlisting in the National Guard.

      Within the Regulations Felonies and Violent Misdemeanors are classified into Major Misconduct Offenses.

      4–7. Major misconduct

      a. A waiver is required for any applicant who has received a conviction or other adverse disposition for a major
      misconduct offense or any offense considered a felony under local law (see fig 4–4).

      b. The approval authority is the CG, USAREC or CNGB. Applicants will incur a 24-month wait from the date of
      conviction prior to waiver processing.


      Supplemental regulations in the past may have included provisions to allow the Army National Guard to waive up to one major misconduct offense. This would still depend on the circumstances of the crime along with the needs of the National Guard at current standing. Currently for level 400 (Felony) Major Misconduct Offenses it looks like the only type that are considered waiverable is a single Juvenile offense.

      "Needs of the National Guard" play a large role in what waivers are being considered for approval. Keep in mind Waivers have to be approved. Even though supplemental provisions may provide the possibility to grant a waiver, that might not be the case. Policy updates are often kicked out applying temporary directives for Approval Authorities. These policy updates also change from time to time based on the needs of the National Guard.

      When you enlist in the National Guard, you're enlisting for a particular State, needs may vary from State to State, local directives may vary. This could be the reasoning why you're receiving conflicting reports. Its best just to link up with a local Recruiter to see what is being approved in the area in which you wish to serve.

      I personally wouldn't worry about whether or not you wasted a Recruiter's time, you won't know if you're eligible or not until you go in to talk to them. If its not possible at all, they'll typically know right away and let you know. At the least, you've made contact with a Recruiter where hopefully they got your contact information, if change in policy occurs that might increase your odds of eligibility or waiver approval, they can always contact you to see if you're still interested. If they're really on top of their game they'll still start a dialog with you to see if you have any qualified references/referrals they can contact.

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      • #4
        Metalhead37 the best advice we can offer is to take any and all instructions from the Recruiter in regards to the enlistment process. In the ARNG, each state has its own set of regulations and policies on what may or may not be waived. Just because one state declines the waiver request, does not mean another one will. Best of luck!

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        • #5
          Thank you for the reply ngvbadmin. I appreciate the info!

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          • #6

            I have a very similar scenario. I was discharged several years ago from AD as well with Adjustment DIsorder (without anxiety). Without going into the details, I had some hardships when I was 19 years old that lead to an adjustment disorder discharge. I'm now in my thirties. This type of separation also gives you an RE3 discharge code and that sep code, both of which are WAIVERABLE. Additionally, the temporary condition of "adjustment disorder" is also waiverable. I cannot speak to your anxiety disorder history, as I don't have that (I'm assuming that they diagnosed that as a separate condition for you?), but I am willing to bet that it is mostly likely waiverable as long as you have not been taking medication and not been in counseling for a period of time.

            Here is the good news. AR 40-501 (medical standards for enlistment) states that adjustment disorders are not waiverable ONLY if diagnosed in the last 3 months. The temporary nature of adjustment disorders (which have a very good prognosis) means that they are not insurmountable to re-enlist into the military. The good news for both of us is that our diagnosis and separations were well over a decade ago, and while we are still young we can still re-enlist.

            I have an excellent recruiter and I am going through the process right now. It will consist of writing a personal statement about what happened and how you have changed now, which will be submitted up the chain. You will also have to obtain 3-4 recommendation letters from people like your manager, coworkers, teachers, etc etc. All of that goes up the chain. That will determine if they will give you an Re-Enlistment Code Waiver, which will allow you to process through MEPS again. MEPS will still be able to, in theory, disqualify you until you get a psych consult. But IF they PDQ you on that and you get a favorable consult, MEPS will likely waiver you in.

            Good recruiters WANT to allow you to serve if you deserve a second chance. It IS possible. You will have tons of random naysayers on the internet who are full of it, and tell you its impossible, yadda yadda. That is not true at all. Don't believe them. Never, never, never give up. If you don't find a good recruiter, go to another one. Go to another state even.
            You just need to PROVE that there is nothing wrong with you. Don't give them any reason to think that there is.

            What is the problem with your feet? Did you have a problem since discharge that is documented? If nothing is really wrong with them, or anything else, DON'T say anything. If you really do have a problem, get that fixed. BCT with bad feet is no joke.

            Best,
            STRONGFISH

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