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ARNG Waiver Processing Guidance
Refer to SMOM 20-054 for 09S / 09R.

OCS/09S Enlistment IAW AOC Para 9-10
A waiver is required for applicants with the following convictions or OADs.
(a) Any person adjudicated as a youthful offender.
(b) Any offense with a fine of more than $300 requires TAG exception memorandum to authorize applicant to continue processing.
(c) Any offense where confinement was ordered, regardless of suspended sentence or deferred disposition.
(d) Any offense resulting in a conviction or OAD listed as misconduct (300 and 400 level).
(e) Any offense other than traffic will require a suitability review.

AR 601-210 para 4-6 
For applicants applying for enlistment in OCS, approval is required from CNGB.
(1) Any person adjudicated as a youthful offender.
(2) Any offense with a fine of $300 or more, excluding court cost.
(3) Any offense where confinement was ordered, regardless of suspended sentence or deferred disposition.
(4) Any offense resulting in a conviction or other adverse disposition (OAD) that involves contributing to the delinquency of a minor, spousal or child abuse, any sex-related crime, or any offense under chapter 4 that is listed as a misconduct offense.

SMP/09R Enlistment IAW AOC Para 9-14
Applicants who require a suitability review, a civil conviction waiver, or administrative waiver (RE-code) are not authorized to access until approved.

AR 601-210 Para 4-6b
For applicants applying for enlistment in OCS, approval is required from CNGB.
(1) Any person adjudicated as a youthful offender.
(2) Any offense with a fine of $300 or more, excluding court cost.
(3) Any offense where confinement was ordered, regardless of suspended sentence or deferred disposition.
(4) Any offense resulting in a conviction or other adverse disposition (OAD) that involves contributing to the delinquency of a minor, spousal or child abuse, any sex-related crime, or any offense under chapter 4 that is listed as a misconduct offense.

AR 601-210 Para 4-7b
The approval authority for applicants with any two of the following offenses is DARNG:

  • driving under the influence/driving while impaired
  • possession of marijuana or paraphernalia
  • positive drug and alcohol test

Waiver will not be considered until 2 years from the date of the last offense or date of positive drug and alcohol test, unless other waiting periods throughout this regulation apply.

AR 601-210 Para 4-7d(4)
A waiver may not be considered for any person with a civil conviction of major misconduct and two or more convictions/other adverse disposition within the 3 years preceding application for enlistment for driving while intoxicated, drugged, or impaired.

AOC Table 4-1 Note 4
A DUI waiver is required for any applicant who received an underage drinking and driving, wet and reckless, zero tolerance and/or refusal to take breathalyzer or similar offenses. No waiver is authorized for applicants with three or more separate DUI offenses.

AOC Table 4-1 Note 7
An applicant with a single DUI (309) approval authority is TAG, regardless of the fine amount or confinement.

AOC Appendix B-4
A copy of the DD Form 2807-1 and DD Form 2808, with DAT results, will be submitted with all waivers sent to DARNG. These documents are required for all TAG waivers when the charge(s) being waived are related to drugs and alcohol.

AOC Table 4-3
Major Misconduct offenses require suitability review regardless of disposition.  

AR 601-210 Para 4-7a 
Major Misconduct – Applicants will incur a 24-month wait from the date of conviction prior to waiver processing.

AR 601-210 Para 4-7b
The approval authority for applicants with any two of the following offenses is DARNG:

  • driving under the influence/driving while impaired
  • possession of marijuana or paraphernalia
  • positive drug and alcohol test

Waiver will not be considered until 2 years from the date of the last offense or date of positive drug and alcohol test, unless other waiting periods throughout this regulation apply.

AR 601-210 Para 4-7d
A waiver may not be considered for any person with a civil conviction of major misconduct for any of the conditions below.

(1) Three or more offenses (convictions or other adverse dispositions) other than traffic.
(2) Applicants with juvenile major misconduct offenses who have had no offenses within 5 years of application for enlistment may be considered for a waiver in meritorious cases
(3) Subject of initial court conviction or other adverse disposition for sale, distribution, or trafficking (including “intent to”) of cannabis (marijuana), or any other controlled substance.
(4) Person with two or more convictions/other adverse disposition within the 3 years preceding application for enlistment for driving while intoxicated, drugged, or impaired.
(5) Person with PS who incurs a major misconduct conviction during or after military service.
(6) Person with conviction/other adverse disposition of two or more separate charges of possession of any illegal drugs/drug paraphernalia within 3 years preceding application for enlistment.

AR 601-210 Para 4-28e(5)
Applicant’s current MEPS DD Form 2808 is required for major misconduct-level waivers. Note: IAW AOC Para 4-7d, applicants who require a medical and conduct waiver must have an approved medical waiver prior to submitting the conduct waiver, only when the approval authority is DMPM.

AOC Appendix B-4
A copy of the DD Form 2807-1 and DD Form 2808 (with DAT results posted) will be submitted with all waivers sent to DARNG. These are also required for TAG level waivers when the charge(s) being waived are related to drugs and alcohol.

ASO Guidance
No waiver authorized for offenses involving synthetic marijuana.

Army Discharge Orders
Format 500 – Used for Separation.  USAR Format 500 discharge orders generally do not annotate a narrative reason for discharge. Contact the ASO with the applicant’s SSN and the ASO can access PERNET to retrieve the narrative reason.

Format 505 – Release individuals from custody and control of the Army.  Format 505 is used for cases involving erroneous and/or fraudulent entry in the DEP.  Also used if Soldier has sworn in on Active Duty and disqualifying information is revealed prior to leaving the MEPS.

Refer to AR 600-8-105 for Army order formats.

AOC Para 4-5
a. Unless otherwise noted on the waiver cover sheet or within the document, administrative and conduct waivers are valid for six months from the approval date, unless a change in status occurs. Applicants who acquire additional offenses or disqualifications after waiver approval must submit an additional waiver for reconsideration before enlistment. Applicants who received a conduct waiver for enlistment into any component and subsequently discharged prior to shipping must process a new waiver prior to enlisting.
b. Medical waivers remain valid for the duration of the physical examination, not to exceed 24 months from the date of exam as annotated on the DD Form 2808.
c. Exceptions and Waivers approved by DMPM are valid for 90 calendar days from date of
memorandum.
d. Disapproved conduct or administrative waivers will not be considered until at least six months from the date of disapproval, or when additional documentation has been submitted. Disapproved medical waivers cannot be resubmitted unless a change in medical status occurs.

AR 601-210 Para 4-27
For ARNG, medical waivers are valid for the duration of the physical examination, not to exceed 1 year from medical waiver approval date.

Glossary Non-Prior Service (GNPS)
IAW AOC Glossary: Any applicant who has previously been separated from the U.S. Armed Forces with fewer than 180 days of Active Federal Service and not awarded an MOS.

IAW AR 601-210 Section II Terms: Applicant previously separated from any component of the U.S. Armed Forces with fewer than 180 days on AD.

IAW AR 601-210 Para 2-2: Persons considered nonprior service (NPS), but previously separated from any component of the U.S. Armed Forces with fewer than 180 days and not awarded an MOS on AD are identified as “glossary NPS.”

Note: IAW AOC Para 3-19a(5), former members of DEP program will be treated as Non-Prior Service personnel.

Note: IAW AOC Para 9-21, Soldiers discharged from the FLRI program, regardless of reason, will not be eligible to re-enter the FLRI program. These applicants will be considered GNPS.

Note: For SRIP definition refer to NGR 600-7.

TAPAS
IAW TOPS Change 4,  TAPAS will be administered to prior service (PS) and glossary non-prior service (GNPS) who were separated for adverse reasons (involuntary discharge). PS personnel who are required to take the TAPAS must meet education Tier 1 or Tier 2 screening requirements. The Tier level will be determined by the individual’s education credential.

Note: Tier 1 must score 74 in WD and AD; Tier 2 requires 90 WD.

AOC Para 5-32 Processing procedures
PS applicants who require Army BCT will process at the MEPS to have their security investigation submitted. PS currently holding clearance will have their clearance verified by the State Security Office (SSO), Security Assistant (SA), or ASO through JPAS. Verification must be uploaded into the Electronic Record Management (ERM) within 72 hours of accession.

Prior Service (PS) (IAW AR 601-210)
3-2b(2). For persons enlisting into a RC, applicants must have served 180 days or more on AD as a member of the U.S. Armed Forces. Applicants who are MOS qualified are considered as PS regardless of time on AD.

Non-Prior Service (NPS) (IAW AR 601-210 Section II Terms)
Those who have never served in any component of the U.S. Armed Forces or who have served less than 180 days of AD as a member of any component of the U.S. Armed Forces. USAR and ARNG applicants must not have been awarded an MOS. NPS includes those who:

a. Enlisted illegally while underage and separated by reason of voided enlistment before attaining age 17.
b. Former member of a U.S. Armed Forces academy who did not graduate and served less than 180 days.
c. Completed ROTC and served only ADT as an officer if enlisting in the RA.

AOC Appendix B-4
A copy of the DD Form 2807-1 and DD Form 2808 (with DAT results posted) will be submitted with all waivers sent to DARNG. These are also required for TAG level waivers when the charge(s) being waived are related to drugs and alcohol.

AOC Appendix B-3
Recruiters will obtain the court documents for the charges requiring the waiver; the burden of proof remains with the applicant. When records are sealed, expunged, destroyed, or carry a fee, it is the applicant’s responsibility to provide sufficient documentation to determine eligibility. USAREC Form 601-210.02 may be used to obtain information from probation and parole officers. This form will include the period of probation or conditions and the reason terminated. If checks with court agencies indicate that no probation or parole history is involved, the form is not required.

AR 601-210 Para 4-5e
Under height waivers up to 1 inch (for enlistment purposes only) may be approved by the Chief Surgeon for the ARNG (ARNG-CSG via MATS). If approved, a control number must be received from ARNG-HRR via the ROC. Per AR 601-210 Para 4-5e, height waivers require a memorandum submitted with applicant’s waist, shoe, and hat size.

AR 601-210 Para 4-16b
A waiver is required for any applicant who has been transferred to the IRR of any Service of the Armed Forces for being an unsatisfactory participant, or who is not currently serving satisfactorily in a Selected Reserve unit. Waiver may be submitted for all components after 6 months have elapsed from date of transfer to the IRR. For applicants who were not transferred to the IRR, a waiver may be submitted 12 months after date of discharge. 

AR 601-210 Para 4-13b(6)
If applicant was separated from any component of the U.S. Armed Forces for any reason listed in this paragraph (Unsatisfactory Participation), a waiver may not be submitted until a 6-month waiting period has elapsed since applicant was separated or discharged. The waiver authority is NGB for ARNG applicants. 

AR 601-210 Para 3-21
Personnel who enlisted in the RC who never shipped to IADT that subsequently were discharged for being an unsatisfactory participant or failure to ship IADT may enlist without a waiver.

11M Currently Enrolled Other Than High School Diploma
IAW AR 601-210 Para 2-7c(9), A non-high school graduate who is currently enrolled and attending class in a Tier 1 adult or alternative education or college program other than a high school diploma and who is expected to graduate or attain the required credits (15 semester, 22 quarter, or 675 clock hours of classroom instruction completed within the current term) may be enlisted. Credits will be accepted from any institution accredited by one of the accrediting organizations recognized by the U.S. Department of Education. Credits earned through testing (for example, College Level Examination Program (CLEP)), adult education, assessment, military training, and high school equivalency preparation are not applicable. Verification is required and must indicate the expected graduation or completion date.

Failed Exit Exam
IAW AR 601-210 Para 2-7, An applicant, who completed all the necessary credits for graduation but did not pass the State mandated exit examination(s), must be at least 6 months beyond their high school completion date, must have a letter from a school official verifying that they met all the high school graduation requirements but failed the exit examination(s), and did not receive a high school diploma. An official or certified school transcript or letter may be used for enlistment into the ARNG. The transcripts must indicate that the individual did graduate

Diploma Not Yet Issued
IAW AR 601-210 Para 2-7, if a diploma was not yet issued by the school but all graduation requirements were met (that is, summer school or midterm graduate), an original letter from the applicant’s principal, registrar, school guidance counselor, or custodian of records can be used for ARNG. The letter must state that the individual met all requirements for graduation and was not issued a diploma, along with the reason why and give an approximate date the diploma will be issued. A diploma or transcript must be included in the enlistment packet prior to the applicant shipping to training.

AR 601-210 Para 2-7
The area NCOIC, first sergeant, company commander, senior operations sergeant, senior guidance counselor, commissioned officer, education specialist, equivalent contracted personnel assigned to USAREC, or ARNG education services personnel are authorized to perform telephonic or email verification for enlistment into the ARNG. The telephonic or email verification for ARNG enlistment must include name of applicant, date of birth, name of school, school address, school phone number, date of graduation, name and title of individual providing verification, and the name and title of individual conducting verification. Verification of education may be obtained from the applicant’s principal, registrar, school guidance counselor, or the custodian of records for enlistment in the ARNG

AR 601-210 Para 4-13. Bar to Reenlistment
A waiver is required for any applicant who is separated or discharged from the RA, ARNG, or AR with a field bar to reenlistment issued per AR 140-111 or NGR 600-200, or who was denied extension or reenlistment by any other component of the Armed Forces at time of last separation or discharge. The approval authority for such waivers is the State TAG for ARNG.

Note: The term Bar to Reenlistment is changed to Bar to Continued Service IAW AR 135-178.

AR 601-210 Para 4-12c. Non-Judicial Punishment
Non-judicial punishment under Article 15, UCMJ and military court-martial proceedings must be listed but will not count toward waiver thresholds; however, these will be considered toward the “whole person” concept.

AR 601-210 Para 4-24b. Prior Service Applicants
If an applicant received a RE-4 from the U.S. Army or a RE-4 or equivalent from another service, applicant is ineligible to enter the ARNG (waivers are not authorized). If an applicant received an RE-4 or its equivalent from another service that would have been ruled an RE-3 by the U.S. Army, treat the code as an RE-3. Note: A suitability review may be submitted to allow the RE code to be treated as an RE-3.

AOC Annex A Para 5-3a(6)
Applicants that receive additional punishment (i.e.: additional fine, suspended license, extended probation, etc.) for Failure to Appear, Failure to Pay Fine, or Contempt of Court is considered an Other Adverse Disposition (OAD). Questionable cases are to be sent to ASO for suitability review.

SMOM 17-012 Para 12
Suitability Reviews are valid for 6 months from the date of approval. 

SMOM 17-012 Para 13
Unless otherwise specified in the Suitability Review, prior ASO level disapprovals may be reconsidered at the same ASO level pending warranted waiting periods based on the situation.

AR 601-210 Para 2-4a(1)
The immigration status of an applicant’s spouse, children, or immediate Family members (parents, in-laws, brother(s), or sister(s)) does not automatically disqualify an otherwise qualified applicant from enlisting into the RA or RCs. DA Pam 611-21, Chap 10 provides MOSs that require US citizenship of immediate Family member as an MOS qualification

AR 601-210 Para 2-11a
If an applicant claims to have a charge of minor nontraffic or higher offense, then police record checks using DD Form 369 will be run for the city, county, and state where the applicant has lived, worked, and attended school for the past 3 years. Police record checks using DD Form 369 are also required to be run in the city, county, and state where the applicant claims to have been charged with a minor nontraffic or higher offense, regardless of how long ago the charge occurred

AR 601-210 Para 2-11b(2)
Applicants who claim no law violations or claim only minor traffic offenses are not required to have police record checks or court checks. However, police record check or court check must be obtained to verify disposition if applicant claims reckless, careless, or imprudent driving.

AOC Annex A Para 1-2c 
Waivers of multiple disqualifications involving approval by separate levels of authority will be approved by the highest approval authority for conduct waivers. All TAG level administrative waivers must be completed prior to submission of an NGB level waiver. For dual waivers requiring a conduct and medical waiver, the conduct waiver must be approved before submission of medical waiver. Note: Approved conduct waivers need to be included with medical waiver submission. 

AOC Annex A Para 2-7 
Waiver requests that contain two different disqualifications will be processed through all necessary subordinate commanders prior to reaching the final approving authority.

a. Applicants requiring four or more TAG level waivers are ineligible for enlistment. 
b. Two or more NGB level waivers (excludes medical) are ineligible for enlistment. 
c. Three or more TAG level waivers combined with two or more NGB level waivers (excludes medical) are ineligible for enlistment