NOTES 
Enlistment Waivers
Waiting Periods
Whole Person Concept
09S/09R Conduct Waivers 
Waiver Validity Period
Burden of Proof
No Violations or Traffic Only
Minor Non-Traffic and Higher
Major Misconducts
Self-Admitted Offenses
Moral Waivers / ETPs
Religious Accomodations
Tattoo ETP
Enlistment Waiver Codes
SMOM 18-075 Change 1
AR 601-210 Para 4-32 
AOC Appendix C 
AOC Para 9-10 / AOC Para 9-14
AOC Para 4-5 / AR 601-210 Para 4-27
AOC Appendix B-3
AR 601-210 Para 2-11b(2) 
AR 601-210 Para 2-11a 
AR 601-210 Para 4-7 / Para 4-28e(5) 
AR 601-210 Para 2-11b 
ROB Training Slides
PPOM 19-012
SMOM 18-055
DoDI 1304.32

SECTION I
GENERAL

IAW AOC Chapter 4

4-1. Purpose
Waivers for enlistment require that a meritorious case exists to warrant an exception to the standards established in AR 601-210 and this policy. The ARNG will adhere to waiver requirements as outlined in AR 601-210 and this policy as it pertains to non-waiverable conduct, administrative, or medical disqualifications except in cases where the ARNG imposes a more constraining requirement.

a. Conduct waiver and suitability processing procedures are aimed at identifying and screening applicants who could present disciplinary problems. Misconduct offenses pose serious questions as to an applicant’s fitness for service, as do an excessive number of minor traffic or non-traffic offenses. Excessive number of offenses will be determined by the approval authority. Such applicants are likely to become serious disciplinary problems and could divert resources from the performance of military missions. Commanders are charged with the responsibility of recommending or approving waivers only for applicants, who to the satisfaction of the commander concerned, have been rehabilitated; are good risks from a conduct standpoint; and possess a documented, meritorious waiver request.
b. Administrative waivers for NPS and PS applicants that have administrative disqualifications (for example, re-entry eligibility (RE) code, dependency, etc.) as outlined in AR 601-210 are considered as an exception for persons not qualified for enlistment but seem to have significant potential for productive service.
c. Medical waivers are granted when a defect is considered disqualifying under the standards established in AR 40-501 and DODI 6130.03. The objective is to procure and retain personnel who are physically fit and emotionally adapted to the conditions of military service.
d. Waivers approved by other branches of service (Air Force, Navy, Marine Corps, and Coast Guard) are not authorized for enlistment into the ARNG.

4-2. Responsibilities
a. Director of Army National Guard (DARNG) is the approval authority for NGB waivers submitted.
b. Army National Guard Strength Maintenance Division, ARNG-HRR, is responsible for processing waivers for exceptionally meritorious individuals for those disqualifications as outlined in AR 601-210. Questions pertaining to waivers which include regulatory clarification and exceptions to process waivers will be addressed only to the NGB waivers section, ARNG-HRR-O.
c. Recruiting and Retention Battalions within each State or Territory are responsible for processing waivers for exceptionally meritorious individuals for those disqualifications listed in AR 601-210.

4-3. General Rules
a. The waiver packet must be completed using the system of record. Prior to the submission of a waiver, the applicant packet must have (1) passing e-validation, (2) generated SF86, (3) all source documents uploaded, and (4) additional documents needed to process the waiver type.
b. Waivers that require processing from both the State and NGB will be processed at the State prior to being submitted to NGB.
c. Waivers will be processed electronically using ARISS at both State and NGB level. State Operations will utilize ARISS for conduct and administrative waivers.
d. Medical waivers will be processed using the Medical Action Tracking System (MATS).

4-4. Approving authority
a. Recruiters do not have the authority to disapprove a waiver request or refuse to forward the request to the approval authority. For enlistment purposes, enlistment waiver authorities are established by the DARNG and TAG.

(1) DARNG further delegates waiver authority for selected conduct and administrative disqualifications to TAGs in individual States or Territories. DARNG is the approval authority for medical waivers, who may delegate this waiver authority to the ARNG-CS, Service Medical Waiver Review Authority (SMWRA) for medical disqualifications and medical reenlistment code separations. Medical waiver authority may not be delegated any further. Waiver authority for conduct and administrative waivers at NGB level is delegated to the Chief, Strength Maintenance Division, ARNG-HRR.
(2) TAG may further delegate waiver authority to the rank or position greater than or equal to the Military Personnel Officer (MILPO).

b. Commanders at any level may disapprove conduct and administrative waivers for applicants not meeting the prescribed standards. The RRSC reviews the waiver request via LZ and may either recommend approval or disapproval, and forward the workflow.
c. Approval authorities are required to review the waiver request and all documentation on an individual basis and determine if meritorious conditions exists prior to approving, disapproving, or forwarding recommendations to higher headquarters. When a waiver is disapproved below DARNG, there is no requirement to forward to the approval authority.

4-5. Validity period
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 were 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. 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.
d. No member of the RRB has the authority to preclude an applicant who is otherwise qualified for enlistment as outlined in AR 601-210 from requesting a waiver.
e. All applicants must have a completed HRR Form 369 prior to being scheduled for enlistment. Applicants who do not meet this requirement will require suitability review. See Appendix D for Live Scan Procedures.
f. New police checks are required if new arrests or charges occurred since previous checks were conducted. Forms collected by others services will not be accepted.
g. Court documents will be obtained for charges and convictions that require a waiver or suitability review. USAREC Form 601-210.02 may be used to obtain information from probation and parole officers. Forms collected by other services will not be accepted.

4-6. Urgent medical waivers
Urgent medical waivers are considered on a case-by-case basis. Justification for the necessity of urgency must be included in the request. Complicated medical cases such as multiple disqualifications or behavioral health diagnosis are not considered for urgency. Simple cases such as penicillin allergies or astigmatism can be justified for this process (but not guaranteed). Urgent medical waivers will be initiated by the MEPS GC or State Operations using MATS. Once the waiver has been initiated in MATS, the RRC, RRB CSM/SGM or RRB XO must contact the Service Medical Waiver Review Authority.Justification must be stated in email and requested with enough time to process through SMWRA by 1400 EST.

4-7. Routing of waiver requests
a. Conduct and administrative waiver requests will be initiated by the RRNCO in the ARISS Recruiter Zone (RZ) application and forwarded to the RRSC. RRSC will review waiver request and make recommendations, using LZ, to the State recruiting operations office for review. State Operations will review waiver requests and if recommending approval, send a workflow through designated waiver authority. Disapproved waivers will not be forwarded.  See AOC Appendix E for DMPM processing.
b. Completed waivers will include a memorandum, which will be uploaded into the applicant’s electronic record. Final approval will be loaded as “Waiver Cover Letter”.
c. Waiver requests that contain two different disqualifications will be processed through all necessary subordinate commanders prior to reaching the final approving authority.

(1) Applicants requiring four or more TAG level waivers are ineligible for enlistment.
(2) Applicants requiring two or more NGB level waivers (excluding medical) are ineligible for enlistment.
(3) Applicants requiring three or more TAG level waivers combined with two or more NGB level waivers (excluding medical) are ineligible for enlistment.
(4) Applicants who require one NGB and one DMPM level waiver are ineligible for enlistment.

4-12. Counseling of applicants
a. To prevent frustration and confusion on the part of both the recruiter and the applicant, care should be taken in counseling applicants on waivers. For this purpose, all personnel will become completely familiar with the contents of Appendix C Whole Person Concept.
b. Recruiters will explain to applicants that their application for waiver of disqualification was not favorably considered. However, under no circumstances will the recruiter disclose the name, organization, or telephone number of the final disposition authority. In processing PS waivers, the individual should be advised that the denial of the waiver was after a thorough evaluation of their PS records in conjunction with their current waiver request. Only those documents which belong to the applicant will be returned. State Ops personnel will not return waiver memorandums or copies thereof to the field force. The correspondence pertaining to the approvals or disapprovals of waivers will be filed and maintained at TAG level only.

SECTION II
NONWAIVERABLE DISQUALIFICATIONS

References
a. SMOM 18-075 Change 1 ARNG Waiver Processing Guidance
b. AD 2018-12 Waivers

4-7. Multiple Disqualifications (IAW AOC)
c. Waiver requests that contain two different disqualifications will be processed through all necessary subordinate commanders prior to reaching the final approving authority.

(1) Applicants requiring four or more TAG level waivers are ineligible for enlistment.
(2) Applicants requiring two or more NGB level waivers (excluding medical) are ineligible for enlistment.
(3) Applicants requiring three or more TAG level waivers combined with two or more NGB level waivers (excluding medical) are ineligible for enlistment.
(4) Applicants who require one NGB and one DMPM level waiver are ineligible for enlistment.

4-7. Major Misconduct
d. 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.

4-22.  Nonwaiverable medical, conduct, and administrative disqualifications
The following disqualifications cannot be waived. Note: Refer to Unfavorable Medical Conditions.

a. Intoxicated or under influence of alcohol or drugs at time of application, or at any stage of processing for enlistment.
b. Alcoholism. Person not in sustained remission (less than 12 months since last occurrence of any diagnostic criterion or determined unfit by the Service surgeon or after examination by the chief medical officer at the MEPS; alcohol rehabilitation failure; or currently enrolled in an alcohol recovery program.
c. Drug dependence. Person not in sustained remission (less than 12 months since last occurrence of any diagnostic criterion or determined unfit by the Service surgeon or after examination by the chief medical officer at the MEPS; drug rehabilitation failure; or currently enrolled in a drug recovery program.
d. Person unable to present evidence of PS claimed, until such service has been verified.
e. Person whose enlistment is not clearly consistent with interests of national security under AR 601-280.
f. Person retained on AD under AR 601-280 with annotation “not eligible for security clearance or assignment to sensitive duties, AR 601-280.”
g. Person with criminal or juvenile court charges filed or pending against him or her by civil authorities. Note - Pending charges include unpaid traffic violations. Authorized reception battalion commanders and initial entry training commanders may consider that, in certain meritorious cases, unpaid minor traffic tickets that are subsequently paid after entry did not constitute fraudulent entry. In those limited circumstances, separation processing under AR 635-200 is not required. All other cases meeting the provisions of fraudulent entry criteria must be processed in accordance with AR 635-200.
h. Person under civil restraint, such as, confinement, parole, or probation.
i. Subject of civilian court conviction or adverse disposition for more than one major misconduct (felony level) offense.
j. All applicants (non-PS personnel or PS officer and enlisted personnel) who received a conviction for a sex offense are not eligible for enlistment or appointment. No waivers are authorized. Further, personnel separated as a result of the convicted sex offender policy are not eligible to enter or reenter the three components of the Army. There is no grandfather clause to this policy. Additionally, applicants who are currently or have been listed on any Federal or State Sex Offender Registry are not eligible to enlist. No waivers are authorized. Below is a list of typical sex offenses:

(1) Rape.
(2) Carnal knowledge.
(3) Forcible sodomy.
(4) Sodomy of a minor.
(5) Conduct unbecoming an officer (involving any sexually violent offense, a criminal offense of a sexual nature against a minor, or kidnapping a minor).
(6) Prostitution involving a minor.
(7) Indecent assault.
(8) Assault with the intent to commit rape or sodomy.
(9) Indecent act with a minor.
(10) Indecent language to a minor.
(11) Kidnapping of a minor (not by a parent).
(12) Pornography involving a minor.
(13) Conduct prejudicial to good order and discipline or assimilative crime conviction (involving any sexually violent offense or a criminal offense of a sexual nature against a minor or kidnapping of a minor).
(14) Attempt to commit, conspiracy to commit, or solicitation to commit any of the offenses in paragraphs 1 through 13 above.

k. Persons with a conviction of murder.

4-23.  Nonwaiverable disqualifying military separations or discharges
The following are nonwaiverable separations and/or discharges:

a. Physically disqualified.
b. Military Personnel Security Program.
c. Release from entry on AD by reason of physical disability and reversion to inactive status for the purpose of retirement under 10 USC 12731 through 12738, instead of discharge with entitlement to receive disability retirement pay.
d. Physical disability resulting from intentional misconduct or willful neglect, or incurred during period of unauthorized absence. No entitlement to severance pay.
e. Desertion or dropped from rolls.
f. Permanently retired by reason of physical disability.
g. Retirement after 20 years of active Federal service.
h. Officers removed from active or inactive Service by reason of having attained maximum age or service (AR 140-10).
i. Discharged by reason of conscientious objection (AR 600-43).
j. Previous separation for unfitness, unsuitability, unsatisfactory performance, misconduct, or bar to reenlistment, with 18 or more years of active Federal Service completed.
k. Applicant for retirement and persons receiving retired, retirement, or retainer pay, except for combat-wounded personnel (see Chap 5, sec XIII). This prohibition is not applicable to reservists who are members of the Retired Reserve and who are not receiving retired, retirement, or retainer pay.
l. Person with an other than honorable, bad conduct, or dishonorable discharge.
m. Person with PS last discharged from any component of the U.S. Armed Forces for drug or alcohol abuse, or as rehabilitation failure during last period of service.
n. Person barred from reenlistment by a qualitative management board by HQDA or ARNG and coded RE-4.

SECTION III
ADMINSTRATIVE WAIVERS / DISQUALIFICATIONS

4-9. Administrative waiver procedures (IAW AOC)
a. Waiver requests received at the RRB will be thoroughly reviewed by the State Operations prior to submitting the waiver to TAG for recommendation or approval. Approval authority may be delegated to MILPO. See AOC Appendix E for DMPM processing.
b. NGB and higher waiver requests must include RRC and TAG endorsement in memorandum format.
c. Covers Dependency Waivers.  See below.
d. An applicant who has law violations and requires an administrative waiver will submit a hand written statement that includes a detailed description of all offenses. The statement will be uploaded into the applicant electronic record under “Applicant Statement”.
e. PS administrative qualifications will be based on the applicant’s last periods of service. The applicant’s entire record will be considered toward the whole person concept. See Appendix C.
f. All administrative waivers are submitted through ARISS.

4-9. Dependency Waivers (IAW AOC)
References:
a. AR 600-20 Para 5-5
b. AR 601-210 Para 4-19

c. Dependency waivers require the following forms and documents for processing-

(1) DD Form 214/215 or NGB Form 22/22a, covering all periods of service. (PS only).
(2) Memorandum requesting waiver, Figure 1 or Figure 2.
(3) DA Form 3072-2 Applicant’s Monthly Financial Statement.
(4) SF86 (Electronic).
(5) Divorce decree (if applicable).
(6) Family Care Plan. Additional documents, listed below are required for single parents and dual military households.

(a) DA Form 5304 Family Care Plan Counseling Checklist.
(b) DA Form 5305 Family Care Plan.  Must be approved by the commander where applicant will be assigned.
(c) DA Form 5841 Power of Attorney.
(d) DA Form 5840 Certificate of Acceptance as Guardian or Escort.
(e) DA Form 7666 Parental Consent (if applicable).

4-13. Extremist Affiliation (IAW AOC)
Use the procedures below to determine eligibility when suspected affiliation is reported, by visual sighting or annotation on any enlistment document, through tattoos, behavior, verbal or written communication,appearance, or gestures that an individual is or may be involved with an extremist organization, group, or gang. Enlistment documents include, but are not limited to, police reports, court documents, or school incidents.

a. Commanders must ensure from a series of direct and indirect questions that the applicant is in fact given a fair assessment and determination without personal bias or a predetermined outcome.
b. A person who admits to or is determined to have been associated with, or a member of a gang linked to criminal activity, or an extremist group or organization will be interviewed concerning their involvement. When interviewing applicants, the whole person concept will be applied. Criminal background, commander interview, and a potential for meeting Army standards must be reviewed and considered.
c. Applicants who are in fact members of any extremist organization or member of a gang associated with criminal activity does not meet the standard for enlistment. No waiver authorized.

4-15. Conscientious objection
a. The approval authority for enlistment is the DARNG.
b. Conscientious objectors are persons who profess conscientious objections or religious convictions at time of application for enlistment that would restrict assignments and who desire to enlist as noncombatants.
c. The PS applicants with a history of conscientious objections, must not have been discharged by reason of
conscientious objection under provisions of AR 600-43. See AOC Table 4-2 for current waiver eligibility.
d. The following documents are required for submission of a waiver under this paragraph:

(1) A memorandum prepared per instructions in paragraph 4-28.
(2) DD Form 1966 and SF 86.
(3) For PS, DD Form 214, DD Form 215, DD Form 220, or NGB Form 22.
(4) Letters that substantiate a claim to this status; information as required by AR 600-43; and a personal letter expressing desire to enlist in the Army.
(5) Applicant’s current MEPS physical examination.
(6) A copy of applicant’s USMEPCOM authorized document that clearly displays applicant’s ASVAB date and
results.

4-16. Reserve Component separations or transfers
a. A waiver is required for any applicant who is a current member of an RC who is pending adverse or administrative actions considered disqualifying under Chapter 4. These applicants may not be processed until the adverse action is completed. Waivers will be submitted following final action in these cases.
b. 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. Refer to AOC Table 4-2.

4-18. Positive drug or alcohol test
References:
a. PPOM 18-015 RSP Drug Testing

IAW AOC Para 4-11.

a. Applicants who are confirmed positive for the presence of drugs or alcohol at time of physical examination are not eligible for enlistment into the ARNG. PS applicants who test positive at MEPS for any drug use will not be considered for a waiver.
b. Enlistees who are confirmed positive for the presence of drugs or alcohol at time of physical examination at MEPS will be processed for separation as outlined in AR 135-178.
c. Waivers may be considered as prescribed in AOC Table 4-1 and AOC Table 4-2.

IAW AR 601-210 Para 4-18.

a/b. Refer to AOC guidance above.
c. The following documents are required for the submission of a waiver under this paragraph:

(1) A memorandum prepared according to instructions in paragraph 4-28.
(2) DD Form 1966 and SF 86.
(3) A copy of current MEPS physical examination or USMEPCOM authorized document showing drug test results.
(4) Other documents the recruiting battalion commander or executive officer may require.

d. All applicants who test positive will be required to have police records check accomplished as part of the waiver process regardless of any admission or record of civil offenses.
e. Applicants with an approved drug alcohol test waiver are prohibited from enlisting in any MOS or option that requires a security clearance.
f. A waiver may not be considered for a person with PS who has tested positive at MEPS for any drug use.

4-20. Applicants Discharged for Surviving Son or Daughter
a. Any applicant who was previously separated from any Component of the U.S. Armed Forces as a surviving son or daughter requires a waiver for enlistment. A surviving son or daughter refers to the only remaining son or daughter in a Family where the father, or mother (or one or more of the sons or daughters) served in the Armed Forces of the United States and because of the hazards with such military service-

(1) Was killed or died as a result of wounds, accident, or disease.
(2) Is in a captured or missing-in-action status.
(3) Is permanently 100-percent physically disabled (including 100-percent mental disability), as determined by the Veterans Administration or one of the military Services.

b. The approval authority is TAG IAW AOC Table 4-2.
c. The following documents are required for submission of a waiver under this paragraph:

(1) DD Form 214, DD Form 215, NGB Form 22, and DD Form 220.
(2) DD Form 1966 and SF 86.
(3) Statement, signed by applicant, requesting that the surviving person designation be withdrawn. This statement also will acknowledge that-

(a) Applicant is available for worldwide assignment, including combat-zone assignment.
(b) Future requests for separation based on survivor status may or may not be honored.
(c) Future requests for reassignment based on survivor status will not be honored.

(4) A copy of applicant’s USMEPCOM authorized document that clearly displays applicant’s ASVAB date and results.

4-21. Personnel Reliability Program
a. Any applicant enlisting for any MOS or assignment that requires that he or she be qualified under the Personnel Reliability Program will be disqualified if the applicant has used cannabis during the 120-day period before application for enlistment.
b. The approval authority for Personnel Reliability Program qualification is Chief, NGB for ARNG.
c. No formal documentation is required to be submitted; however, the USAREC security interviewer will request waivers from the Chief, NGB for ARNG. This applies to Personnel Reliability Program qualifications and initial screen for security clearances only and has no effect on the overall qualifications for the MOS, which may require additional exceptions or waivers.

SECTION IV
MEDICAL WAIVERS / DISQUALIFICATION

References
a. Medical Waiver Processing Slides
b. AR 40-501 Standards of Medical Fitness
c. DoDI 6130.03 Medical Standards
d. AR 40-400 Patient Administration Chapter 7
e. Asthma Medical Waiver
f. Hearing Loss Medical Waiver
g. ADD/ADHD Medical Waiver
h. DMPM Medical Waivers
i. Underheight Medical Waivers

4-6. Urgent medical waivers (IAW AOC)
Urgent medical waivers are considered on a case-by-case basis. Justification for the necessity of urgency must be included in the request. Complicated medical cases such as multiple disqualifications or behavioral health diagnosis are not considered for urgency. Simple cases such as penicillin allergies or astigmatism can be justified for this process (but not guaranteed). Urgent medical waivers will be initiated by the MEPS GC or State Operations using MATS. Once the waiver has been initiated in MATS, the RRC, RRB CSM/SGM or RRB XO must contact the Service Medical Waiver Review Authority. Justification must be stated in email and requested with enough time to process through SMWRA by 1400 EST.

4-10.  Medical waiver procedures (IAW AOC)
a. A request for medical waiver will be submitted with required documents if the applicant is otherwise qualified. All medical waivers will be submitted through MATS. See AOC Appendix E for DMPM processing.
b. The ARNG will not accept a medical waiver from any service other than Army components. Waivers from other Army components will be reviewed.
c. When processing a medical waiver-

(1) Requests for all medical waivers will be submitted by the MEPS GC for NPS medical waivers and waivers for PS disqualified during MEPS physical examination (PE). When the MEPS GC receives notification that the applicant is disqualified, they will initiate the medical waiver workflow.
(2) A PS or GNPS applicant who has been discharged from any component of the Armed Forces for the following reasons requires a medical waiver regardless of PE results at the MEPS (complete discharge packet required):

(a) Disability (Temporary, permanent, aggravation, severance pay, not in line of duty).
(b) Disability (Existed prior to service (EPS), Physical Evaluation Board).
(c) Failure to meet medical procurement standards (excludes drug abuse).
(d) Medically unfit for retention.
(e) Physical condition (Physical condition not a disability).
(f) Personality disorder (includes character or behavior disorder).
(g) Any separation or discharge resulting from a medical condition with an associated RE-3 code or its equivalent.
Note: The approval authority is DMPM IAW AOC Appendix E.

(3) The ARNG Office of the Chief Surgeon (ARNG-CS) is the review authority. DMPM is the approval authority. As outlined in AR 40-501 paragraph 7-8e, the ARNG-CS has the authority to revise the physical profile for approved medical waivers of applicants processing for enlistment into the ARNG. Any change made by the SMWRA to the physical profile of an approved medical waiver is valid for enlistment.
(4) The SMWRA will stamp the applicant’s physical profile, indicating the new physical profile on the workflow.

d. Physical Testing. A State or Territory may choose to test an applicant pre-accession or while not in a paid status. ARNG recommends the State use a Hold Harmless statement or another consent form that has been reviewed by State JAG.
e. Medical waivers require the following forms and documents for processing-

(1) Applicant’s current MEPS PE.
(2) DD Form 214/215 (if applicable).
(3) USMEPCOM PCN 680-3ADP Form, with test results. REDD report is authorized for PS.
(4) All reports of separation, discharge, or release from any component of the U.S. Armed Forces, if applicable.
(5) Medical records (current drilling members in ARNG or USAR).
(6) PS applicants when separated for medical reasons-

(a) DA Form 4707 (Entrance Physical Standards Board Proceedings), or
(b) DA Form 3947 (Medical Evaluation Board Proceedings), or
(c) DA Form 199 (Physical Evaluation Board (PEB) Proceedings)

(7) Evidence the disqualifying condition no longer exists or justification for the waiver.

f.Waivers submitted for failure to meet weight standards will not be approved.

4-10. Unfavorable Medical Conditions (IAW AOC)
g. Conditions unlikely for waiver except in rare circumstances:

(1) Inflammatory bowel disease (ulcerative colitis, Crohn’s disease, toxic megacolon, and other non-specified inflammatory noninfectious colitis).
(2) Neurofibromatosis or Von Recklinghausen syndrome.
(3) Keratoconus.
(4) Glaucoma.
(5) Lattice degeneration (may be considered with successful laser repair).
(6) Duane’s syndrome/exotropia when bilateral.
(7) Herpes disconfirm keratitis.
(8) Organ transplant recipients on immunosuppressant.
(9) Repeat orthopedic surgeries on same joint.
(10) Post-adolescent asthma.
(11) ADHD on medication after age of 14 or with comorbid diagnoses.
(12) Human Immunodeficiency Virus (HIV).
(13) Anaphylaxis: peanut, sting, latex, aminoglycoside or 3rd gen cephalosporin, any epi-pen.
(14) Dysplastic nevus syndrome.
(15) Diabetes mellitus.
(16) Most cancers unless cleared by oncologist and at least 5 years since last treatment.
(17) Epilepsy; may apply if off all medications and no seizures for past 5 years and negative EEGdone by a Neurologist.
(18) Self-mutilation as a means of emotional coping.
(19) Suicide attempt/gesture; any overdose on medication whether prescription or over-the-counter.
(20) Mood disorders.
(21) Major Depressive Disorder.
(22) Bipolar disorder.
(23) Drug/alcohol dependence (recurrent or less than 12 months in sustained remission).
(24) Score of 4 in the PULHES.

X-1. Medical Waiver Appeals
a. IAW AR 601-210 Para 4-26, medical waivers may not be resubmitted unless original condition has changed.
b. IAW ARNG-CSG guidance, the applicant must have new medical documentation:

  • Physician specialist out-ranks generalists (Primary Care).
  • Medical Doctor out-ranks Physician Assistants/Nurse Practitioners unless the PA/NP works in the specialty.
  • Ophthalmologists out-ranks Optometrist.

X-2. Medical Action Tracking System (MATS)
For information on submitting a medical waiver in MATS refer to Medical Waiver Workflow.

SECTION V
CONDUCT WAIVERS / DISQUALIFICATIONS

4-8. Conduct Waiver Procedures (IAW AOC)
a. Waiver requests received at the RRB will be reviewed by State Operations for accuracy and completeness prior to forwarding the request to the approving authority. Applicants who have open or pending charges will not be processed.  See AOC Appendix E for DMPM processing.
b. NGB and higher waiver requests must include RRC and TAG endorsement in memorandum format.
c. RRC will interview all applicants requiring a serious misconduct and major misconduct waiver. This requirement may be delegated to the company commander, O-3 or above.
d. Applicants requiring conduct waivers of any type must submit a hand written statement. The statement will be uploaded into the applicant electronic record under “Applicant Statement”.
e. Requests processed by TAG will have the approval memorandum uploaded into the applicant electronic record under “Waiver Cover Letter”. The State operations will approve or disapprove the workflow upon receipt. For waivers requiring approval from NGB, the memorandum requesting waiver will be uploaded into the applicant’s electronic record under “Memorandum requesting waiver” (role- BN Commander) and forwarded to NGB for final determination.
f. For applicants processing under 09S enlistment options, see paragraph 9-10.
g. The processing of PS applicants with law violations that occurred prior to honorable service is outlined in AR 601-210 paragraph 4-24. Charges that are not considered to be current must be listed accordingly.
h. All conduct waiver requests are subject to mandatory waiting periods after confinement as outlined in AR 601-210 paragraph 4-32.
i. Live Scan results must be present prior to submission of the conduct waiver.

4-4. General guidelines for evaluating non-criminal and criminal convictions
a. When processing conduct waivers, all convictions must be listed. If multiple convictions or other adverse dispositions arise out of a single act, all charges or other adverse dispositions will be considered for enlistment eligibility purposes. Convictions will not be combined (stacked) in order to be viewed as one convictions. All convictions must be considered for waiver purposes.

b. General guidelines for evaluating offenses-

(1) If the maximum confinement under local law is 6 months or fewer, the offense should be treated as a non-traffic offense (see Table 4-2). If the maximum confinement under local law exceeds 6 months, but does not exceed 1 year, treat the offense as a misconduct offense (see Table 4-3). If the maximum confinement exceeds 1 year, treat the offense as a major misconduct offense (see Table 4-4). If the local law considers the offense a felony, then treat as a major
misconduct offense.

(2) The lists of typical offenses shown in Law Violations Tables should be used as a guide. It is not practical to list all offenses. Treat offenses in each paragraph, and those of a similar nature, according to the category dictated by each table (nontraffic, misconduct, major misconduct), despite their classification under State law. The offenses named in Table 4-1 thru 4-4 will be considered to have the elements of those offenses under the common law or the UCMJ.

c. The following rules apply to conduct disqualifications.

(1) Persons released from custody or restraint of a court but are still pending final disposition of the charge are morally disqualified. Examples of such releases are-

(a) Release following plea of any type to the court (including plea of guilty or nolo contendere).
(b) Release on probation without verdict.
(c) Release on person’s own recognizance.
(d) Release following charges that are placed on file.
(e) Any similar disposition, without regard to its technical name, that indicates the person may remain subject to further judicial proceedings in connection with the charges.

(2) In addition, persons who are granted release from charges at any stage of court proceedings if they will apply or be accepted for enlistment in any U.S. Armed Forces are not qualified for enlistment (see Para 4-12b).

4-12. Court Disposition Definitions
Applicants who have entered a plea of nolo contendere that was accepted by the court, despite later processing in the same case to permit expungement, amnesty, pardon, or clemency are considered to have a conviction. If later processing in the same case permit dismissal, the applicant will be considered without a conviction.

b. Applicant who, as a condition for any civil conviction or adverse disposition or any other reason through a civil or criminal court, is subject to a court order that requires enlistment into the U.S. Armed Forces of the United States, is not eligible for enlistment unless-

(1) The condition is removed by the same or higher authority imposing the sentence.
(2) The condition is removed by virtue of expired period of sentence.
(3) The condition is over 12 months from imposition, and the court, city, county, or State no longer requires the
applicant to fulfill this condition.

c. Nonjudicial 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.

4-30. Rules governing processing of conduct waivers
a. All offenses, regardless of their outcome or place of offense (includes crimes committed outside the United States) will be listed on SF 86. A person arrested, cited, charged, or held for an offense or offenses and allowed to plead guilty to a lesser offense will list the original charges, and also the lesser offense to which a plea of guilty was entered. For example, a person arrested for grand larceny and two counts of criminal possession of stolen property pled guilty to two counts of criminal possession of stolen property, value of less than $500. In this example, the applicant requires a conduct waiver. However, waiver is not needed if an arrest or questioning does not result in referral of charges, or if charges are dismissed without a conviction or other adverse disposition. Incident must be listed on SF 86.
Waiver is not authorized if a criminal or juvenile court charge is pending or if such a charge was dismissed or dropped at any stage of the court proceedings on condition that the offender enlists in a military service.

b. To ensure equal treatment to all persons applying for enlistment, despite the variance in State statutes, the rules below are guides to those responsible for processing waivers.

(1) Civil court conviction. This term means a judgment of guilty or an accepted plea of nolo contendere is entered in a court’s records for persons tried as adults regardless of-

(a) Whether or not sentence then was imposed, withheld, or suspended.
(b) Later proceedings that deleted an initial determination of guilt from court records, based on evidence or rehabilitation or completion of a satisfactory probationary period. Examples of later proceedings in adult offender cases include pardon, expungement, amnesty, setting aside the conviction, and reopening of the case to change the original finding of guilty and dismissal of all of the charges, unless new findings in the case would have resulted in an original verdict of not guilty.

(2) Other Adverse Dispositions (OAD). This term includes all law violations that are not civil court convictions, but which resulted in an arrest or citation for criminal misconduct, followed by the formal imposition of penalties or any other requirements upon the offender by any governmental agency or court.

Note: Definitions from AOC Glossary

Other Adverse Dispositon (Adult or Juvenile) - Any finding, decision, sentence judgment, or disposition other than unconditionally dropped, dismissed, acquitted, or convicted. Participation in a pretrial diversion or intervention program as defined below is an OAD and shall be processed in the same manner as an OAD. Cases tried in juvenile court will always be treated as OAD. An example of an OAD are applicants with law violation(s) that occurred while attending school and were given the option to be suspended, expelled, or removed from the school district in exchange for not being criminally prosecuted).

Pretrial intervention or deferment - Every state has a program by which offenses are diverted out of the regular criminal process of a probationary period. While the programs vary from state to state, they all require the defendant to meet some requirement. When a condition is met (For example, reporting or non-reporting probation, diversion, Juvenile Alternative Services Program, restitution, community service, etc.,) or after successful completion of which the charge is disposed of in a manner which does not result in a final adjudication of guilt. (Most often, the defendant is required to plead guilty to get accepted into the various programs.) Charges disposed of in this manner shall be processed as OAD.

(3) Examples of Other Adverse Dispositions (OAD). Some examples of other adverse dispositions include-

(a) Admission into diversionary or similar programs.
(b) Admission into an adult first-offender program.
(c) Deferred acceptance of guilty plea programs or probated sentence.
(d) Tried as a youthful offender.
(e) Enrollment in supervision programs.
(f) Orders to pay restitution, pay a fine, serve community Service, attend classes, or serve probationary periods that do not constitute civil court convictions.
(g) Adjudication withheld and suspended imposition of sentence.
(h) Unconditional suspended sentence and unsupervised unconditional probation. These terms are defined as a court-imposed suspended sentence or probationary status.

(4) Later proceedings. Later proceedings delete an initial determination of guilty or commission of alleged misconduct from court or agency records. Examples of later proceedings used in Federal and State courts include-

(a) Expungement.
(b) Record sealing.
(c) Setting aside the adjudication or reopening cases to change the original findings/pleas of admission of guilt to not guilty.
(d) Dismissal of the original petition.

(5) Juvenile delinquent. This term includes disposition as a juvenile delinquent, wayward minor, youthful offender, delinquent child, or juvenile offender, and declaration of the juvenile as a ward of the court. The term does not include disposition of the juvenile as dependent, neglected, or abandoned.

(a) A conviction exists if a juvenile (applicant under age 18) is tried and convicted as an adult. DD Form 369 may be modified to include a statement in the remarks section that asks the following: Applicant was under the age of 18 at the time of adjudication and records do not clearly indicate that he or she was tried as an adult. Unless court records indicate otherwise, applicants who were juveniles at the time of the offense have an adverse disposition.
(b) Because all States have varied laws with regard to juveniles being tried as an adult, recruiters, through their chain of command should consult with their supporting Judge Advocate when questionable cases arise.

(6) Nolo prosequi. IAW AOC Glossary. Commonly called “nolle pros.” A formal entry on the record, by the prosecutor, that they will not prosecute the case any further. A nolle pros may be considered equivalent to dropping charges if the applicant has not had to meet any requirements by a governmental agency or court, there was no pretrial diversion and the prosecutor does not contemplate any further proceedings on the case and the case has not been handled through a pretrial deferment program.

c. Some States have procedures for a later “expunging of the record,” dismissal of charges, or pardon (on evidence of rehabilitation of the offender). Such action removes the “initial conviction” or “other adverse disposition” so that, under State law, the applicant has no record of conviction or adverse juvenile adjudication. Despite the legal effect of this action, a waiver authorizing RA, USAR, or ARNG enlistment of such an applicant may be required, and the underlying facts must be revealed.

4-7. Domestic Violence
c. The Domestic Violence Amendment to the Gun Control Act of 1968 (18 USC 922) “The Lautenberg Amendment,” makes it unlawful for any person to transfer, issue, sell or otherwise dispose of firearms or ammunition to any person whom they know or have reasonable cause to believe has been convicted of a misdemeanor crime of domestic violence.  It is also unlawful for any person who has been convicted of a misdemeanor crime of domestic violence to receive any firearm or ammunition that has been shipped or transported in interstate or foreign commerce.  Enlistment of applicants with a qualifying conviction is prohibited and no waivers will be approved. Soldiers with a qualifying conviction will be barred from reenlistment. Applicants who have enlisted in the ARNG who are found to have a qualifying conviction will be separated from the ARNG.  For the purpose of this paragraph only, the following definitions apply:

(1) Crime of domestic violence. An offense that involves the use or attempted use of physical force, or threatened use of a deadly weapon committed by a current or former spouse, parent, or guardian of the victim; by a person with whom the victim shares a child in common; by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian; or by a person who was similarly situated to a spouse, parent, or guardian of the victim.  Persons who are similarly situated to a spouse include two persons who are residing at the same location in an intimate relationship with the intent to make that place their home.

(2) Qualifying conviction. A state or federal conviction for a misdemeanor crime of domestic violence and any general or special court-martial for an offense that otherwise meets the elements of a crime of domestic violence, even though not classified as a misdemeanor or felony.  A qualifying conviction does not include a summary court-martial conviction or the imposition of nonjudicial punishment under Article 15, UCMJ.  By DOD policy, a State or federal conviction for a felony crime of domestic violence adjudged on or after 27 November 2002, will be considered a qualifying conviction for purposes of this regulation and will be subject to all the restrictions and prohibitions of this regulation.  A person will not be considered to have a qualifying conviction unless the convicted offender was represented by counsel or knowingly and intelligently waived the right to counsel, and, if entitled to have the case tried by a jury, the case was actually tried by a jury, or the person knowingly and intelligently waived the right to have the case tried by a jury; and, the conviction has not been expunged or set aside, or the convicted offender has not been pardoned for the offense, or had civil rights restored; unless the pardon, expungement, or restoration of civil rights provides that the person may not ship, transport, possess, or receive firearms.

4-16. Reserve Component Separations or Transfers
a. A waiver is required for any applicant who is a current member of an RC who is pending adverse or administrative actions considered disqualifying under chapter 4 and may not be processed until such action is completed. Waivers will be submitted based on final action in these cases.

4-24. Prior Service Army Applicants
a. PS Army applicants must reveal all medical, conduct, and administrative disqualifications.
c. The PS must reveal all law violations and list all UCMJ, Article 15, courts martial convictions, and lost time.

(1) Violations, convictions, and lost time that occurred during and after the last period of service in any component of the US Armed Forces are considered current.
(2) Violations, convictions, and lost time that were not previously revealed during enlistment or reenlistment processing are also considered current.
(3) When charges meet waiver thresholds or when charges (when added to charges that occurred prior to military service) would raise the approval authority of the waiver, all charges will be considered current.
(4) Applicants that are PS from another Service that revealed charges on their enlistment application that did not
require a waiver, will not require a waiver when applying for enlistment into the Army.

4-28. Conduct Waiver Documents
e. The following documents are required for submission of a conduct waiver

(1) Police checks and court documents, as required. Police record checks are not required for traffic offenses.
(2) Documents from probation or parole officer that show applicant has satisfactorily completed probation or parole.
(3) Documents from correctional facility at which detained. Police record checks are not required for traffic offenses.
(4) Reference letter from employers for 1 year preceding application and schools attended in last 3 years preceding application (to include transcripts if currently attending college). If the applicant states that seeking a reference letter from an employer will jeopardize employment, a reference letter is not required. Each waiver request must explain all periods of unemployment of 3 months or more during the preceding year (not required for battalion-level waivers, unless the battalion commander requires it).
(5) Applicant’s current MEPS DD Form 2808 for major misconduct-level waivers.
(6) DD Form 214, DD Form 215, NGB Form 22, and DD Form 220, as applicable.
(7) DD Form 1966 and SF 86, section III, civil offenses.
(8) NGB Form 905.

Note: IAW AOC Table 4-1 Note 6, Live Scan Results must be present prior to the submission of a conduct waiver.

4-32. Waiting Period
Note: IAW AR 601-210 Para 4-7, applicants who received a conviction or other adverse disposition for a major misconduct offense will incur a 24-month wait from the date of conviction prior to waiver processing.

Note: IAW 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, or 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.

Note: IAW AR 601-210 Para 4-7d(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

a. The waiting period provides the reviewing authority the ability to evaluate the extent of the applicant’s rehabilitation. For PS personnel, waiting periods listed in paragraph b below, apply only to offenses and periods of confinement since date of last separation from active military service. Waiting periods do not apply to minor traffic or non-traffic offenses, unless a waiver is required. CNGB may lengthen minimum waiting periods.
b. Waiting periods for waiver submission following civil restraint are as follows:

(1) If an applicant was on parole, probation, or suspended sentence after period of civil restraint has been concluded may process or submit a waiver once all court ordered requirements are completed.

(2) If an applicant had confinement as a juvenile or an adult of less than 15 days, a 3-month waiting period is required before an applicant can process or submit a waiver. As an exception, the recruiting battalion commander may waive up to 45 days of the waiting period if the applicant was sentenced only to a fine and, as an alternative, elected to serve a confinement period. Written verification from the court imposing the sentence is required. Any waiting time reduced by the recruiting battalion commander when applicable will be annotated on a separate memorandum or the waiver document.

(3) If an applicant had confinement as a juvenile or adult for 15 days or more, a 6-month waiting period is required before they can process or submit a waiver. As an exception, the recruiting battalion commander may waive up to 3 months of the 6-month waiting period if the applicant is sentenced to a fine and, as an alternative, elected to serve a confinement period. Written verification is required from the court imposing the confinement. Any exception granted by the recruiting battalion commander must be annotated in the remarks section of DD Form 1966, and be noted on the waiver memorandum if a waiver was required.

(4) A waiting period is not required for applicants who are in the DEP/DTP and all civil restraint has been completed. Approval must be granted by the recruiting battalion commander.

(5) The above waiting periods do not apply to minor traffic violations when state law or court practices imposed periods of restrictions, supervision, or informal probation periods until fine is paid. They also do not apply to unsupervised traffic probation for minor traffic offenses.

4-33. Required Investigations
a. Enlistment will be suspended pending an investigation of the case (for example, completion of police records check, copies of court documents, discussion with probation officer, or review of correctional facility records, as applicable). Processing may continue if the applicant-

(1) Admits to a record (including arrests, charges, other adverse dispositions, and convictions)
(2) Does not admit to a record, but the enlisting agency has reason to believe such a record exists.

b. For persons admitting to an arrest record-

Note: For self-admitted offenses refer to AR 601-210 para 2-11b.

(1) Who state that later conviction or other adverse dispositions occurred, a waiver is required as a self-admitted or alleged record (if such offenses require a waiver) when one of the following applies:

(a) Civil authorities refuse to furnish the information.
(b) No record of the information exists.
(c) Applicant is unable to obtain the records.
(d) Offense occurred outside the United States, its territories, or possessions and obtaining a police record check is prohibited.

(2) Who states that no conviction or other adverse dispositions occurred, a waiver to permit enlistment is not required when one of the following applies:

(a) Civil authorities refuse to furnish the information.
(b) Applicant is unable to obtain the records.
(c) Offense occurred outside the United States, its territories, or possessions and obtaining a police record check is prohibited.

c. The investigation will include-

(1) All documents required for enlistment and all documents required required under Para 4-28.
(2) Police record checks as required by this regulation.

4-34.  Pending Charges-Civil Restraint
Recruiting personnel will not-

a. Take part directly or indirectly in release of a person from pending charges so that they may enlist in the Army as an alternative to future prosecution, or further adverse juvenile, or adult proceedings. Equally important, recruiting personnel will in no way contribute, either directly or indirectly, to the false notion that the Army condones such a practice. Persons subject to a pending charge are not eligible for enlistment; therefore, they are not eligible for pre-enlistment processing to determine mental or medical eligibility.

b. Take part in any way in obtaining release of a person from any type of civil restraint so that they may enlist or complete enlistment processing to determine enlistment eligibility. The term civil restraint includes confinement, probation, parole, and suspended sentence. Accordingly, persons under the type of civil restraint that makes them ineligible for enlistment are not eligible for processing to determine mental and medical eligibility for enlistment, except for those individuals authorized to take the ASVAB test in accordance with Chapter 2-11a(2).

c. Process any person who has a doubtful criminal status. For example, while not classified as a specific “pending charge,” an applicant may have a possible indictment or arrest pending; further, the recruiter may have obtained information that indicates the applicant’s character may be questionable. These situations cannot be defined as an absolute in the qualification or disqualification process. When doubt exists as to the possible pending arrest, indictment, or pending nature of an offense, clarification must be obtained through the chain of command. For example, clarify, via the chain of command, an applicant’s eligibility and “questionable conduct character” if the applicant claims no arrest record and no pending charge, but local law enforcement officials indicate that the applicant is a suspect and it is possible that charges are about to be filed.

Document any decision on such matters on DD Form 1966, remarks section or attach a memo for record to the residual file indicating the result and the decision on the matter.

4-36. Unsupervised Probation
a. Applicant may enlist if currently on unsupervised probation for offenses listed below and provided the individual has no restriction of movement, has paid all fines, and has completed all other conditions (such as community service or restitution), and no further court action is pending or contemplated.
b. The offenses that apply to this rule are the following-

(1) All minor traffic offenses as listed in Table 4-1.
(2) Certain typical minor nontraffic offenses, as listed in Table 4-2. These offenses are limited to the following-

(a) Curfew violation.
(b) Damaging road signs.
(c) Disorderly conduct (original charge); creating a disturbance; boisterous conduct.
(d) Dumping refuse near a highway.
(e) Jumping a turnstile (to include those States that adjudicate jumping a turnstile as petty larceny).
(f) Juvenile adjudications (beyond parental control), incorrigible, runaway, truant, or wayward.
(g) Littering.
(h) Loitering.
(i) Purchase, possession, or consumption of alcoholic beverages or tobacco products by a minor.
(j) Robbing an orchard.
(k) Vagrancy.
(l) Violation of fireworks law.
(m) Violation of fish and game laws.
(n) Violation of leash laws.

SECTION VI
SUITABILITY REVIEWS

4-14. Suitability (IAW AOC Chapter 4)
References:
a. AOC Table 4-3
b. Suitability Authority Matrix
c. NGB Form 905 Suitability and Waiver Checklist
d. AOC Appendix C Whole Person Concept

ARNG will adhere to the requirements for a suitability review as outlined in AR 601-210, paragraphs 4-2, 4-7, and all other references pertaining to suitability. All GNPS and PS applicants require a suitability review prior to processing for enlistment.

IAW ASO. All GNPS and PS applicants require a suitability review prior to processing for enlistment. This review will provide approval to physical, clearance information, and a review of their RE Code eligibility. This will ensure information is being entered correctly on their SF86 prior to enlistment. MEPS Guidance Counselors or State Operations will submit Suitability Workflow request. ASO will enter the security clearance data in background/investigation section of Recruiter Zone.

a. ARNG Accessions Suitability Office (ASO) is the final determination authority for moral suitability issues in the ARNG to include the following:

(1) Domestic violence/domestic crimes. If an applicant is originally charged with any type of domestic violence/domestic crime (as defined in AOC Table 4-1), regardless of final disposition, requires a suitability review by the ASO.
(2) Sex crimes (any offense of a sexual nature). If an applicant has been originally charged with any type of sex crime, regardless of its final disposition, their application requires a Suitability Review by the ASO.
(3) Adult/juvenile felony charge(s) under the local law and any offense(s) listed as major misconduct or serious misconduct, regardless of the final disposition.
(4) Charges as listed in AOC Table 4-3.

b. The ASO does not approve or disapprove waivers, but will recommend follow-on actions to be conducted to clarify any deficiencies.
c. A suitability review will be processed via Recruiter Zone workflow exceptions with subsequent recommendation by the State waiver liaison recommending approval.
d. The required documentation for the submission of suitability reviews, include but are not limited to-

(1) Completed / updated Security Clearance Application (SF 86) - must pass validation. Note: Not all RZ input fields appear on the electronic SF86. Make sure that fine amounts appear on the SF86.
(2) All police reports
(3) Court documents
(4) Probation reports
(5) DD Form 369
(6) Hand written detailed applicant statements for all offenses (except traffic)
(7) NGB Form 905 Suitability and Waiver Checklist listing all offenses (including traffic) regardless of disposition

e. The whole person concept will be applied in determining the applicant’s qualification for enlistment.
f. Applicants who do not have a completed HRR Form 369 prior to arriving at the MEPS will require suitability review before being enlisted.
g. Additional processing requirements can be found in paragraph 5-32 of this publication.

SECTION VII
RETAIN PROCEDURES

IAW AOC Chapter 4

References
a. Suitability Authorities

Note: IAW ASO guidance, post-enlistment changes to RZ Moral Screening Criteria is not necessary. The data has already been sent to OPM. The RRB BN Ops will submit a DA Form 5248-R to the State Security Manager. RRNCOs may update education, addresses, employment history, etc. in RZ post-enlistment.

4-15. Post Enlistment Arrests
a. Soldiers who incur offenses after enlistment but prior to shipping to IADT must follow the following procedures. No Soldier will be allowed to ship to IET with: unpaid fines; pending court date; on probation (See AR 601-210 Para 4-36 for unsupervised probation exceptions); or unresolved charges.

(1) Police checks must be ran per AR 601-210 Para 2-11b3. Court records are required showing all conditions have been met and the case has been closed. New police checks are required if new arrest or convictions occurs after previous checks were conducted. The Soldier must provide original court documents from start to the end of court proceedings. All new law violations, regardless of disposition, must be reported to the Central Adjudication Facility by the State Security Manager by filing an incident report on the Joint Personnel Adjudication System or Defense Information System for Security website regardless of MOS.

(2) Soldiers with new traffic and minor-non traffic (100 and 200 level) offenses may be approved by the State Operations to ship. Approval must be processed through GCRc. A retain workflow will be initiated and approved/disapproved by the operations section, no TAG memorandum required. State Operations will complete the workflow and validate all required documents are present in ERM, the law violations are closed with the court and that the Soldier still meets the MOS qualifications as outlined in DA PAM 611-21.

(3) Soldiers with new misconduct or major misconduct (300 and 400 level) offense (s), regardless of disposition, require an ASO retain exception. TAG memorandum is required stating the meritorious case to warrant an exception to allow Solider to be retained. State Operations will verify the status of the case and documents are in ERM then forward the retain workflow to the ASO.

(4) Soldiers requiring training who have had law violations and no longer meet the enlistment eligibility as outlined in AR 601-210, Para 4-22 or MOS qualifications as outlined in DA PAM 611-21 will have their unit commander (or designated representative) notified by the RSP.

(5) If a retaining action is approved then renegotiation into a MOS for which the Soldier is qualified will only be performed with the Soldier present.

(6) Soldiers with arrest involving alcohol, drug, sexual, domestic, weapon, and any 300 or 400 level offense regardless of disposition will inspect at MEPS to allow DD Form 2808 to be updated by the MEPS CMO.

b. The TAG memorandum will be uploaded in Memorandum ENTNAC Interview under Core Admin.

4-16. Concealed Offenses Revealed After Enlistment
a. Soldier who conceals an offense (other than traffic) that would have required a waiver, regardless of disposition, or conceals an UCMJ action (for example, SHARP violations), or enlisted with open or unpaid offense level 200 or higher, will be processed for discharge for fraudulent enlistment (FE). The REQUEST reservation must be cancelled with cancellation code FE on the same day the rap sheet is received by MEPS GC. The Soldier must wait six months from the date of separation prior to submitting a request for a fraudulent enlistment waiver from ARNG-HRR along with any additional waivers required.

b. Soldiers who conceal an offense that would not have required a waiver, other than traffic, will submit a retain exception to the ASO. Enlistees in this section require a memorandum ENTNAC interview.

c. Soldiers who conceal traffic offenses will require an approved retain exception by the RRB operations. Does not require a retain exception from ASO and TAG memorandum is not required. The operations person completing the workflow will validate that documentation is present in ERM that the violation(s) is closed with the court and that the Soldier still meets the MOS qualifications as outlined in DA Pam 611-21.

d. The retain memorandum will include, but is not limited to, why the Soldier failed to disclose the law violation(s), documentation that a meritorious case exists to warrant an exception to the standards established in AR 601-210, and if there was any involvement by recruiting personnel to conceal the offense(s). If Recruiter or Guidance Counselor impropriety is suspected, TAG will initiate a Recruiting Impropriety (RI) investigation per NGR 601-1. All requests for retain exceptions will have police, court and probation records as outlined in AR 601-210 paragraph 2-11 and AOC chapter 5. The TAG memorandum will uploaded in Memorandum ENTNAC Interview under Core Admin.

e. Prior Service non-trainers will have their unit commander (or designated representative) notified of the fraudulent enlistment in writing by the MEPS GC or State Operations for procedures as outlined in AR 135-178, chapter 7. MEPS GC will upload the electronic correspondence in Memorandum ENTNAC Interview.

NOTE: The term Soldier reflects to those in the RSP, RFP, and Prior Service requiring Basic Training and/or Advance Individual Training.

SECTION VIII
PRIOR SERVICE/GNPS MILITARY SEPARATIONS/DISCHARGES

4-13. Prior military service
Any PS applicant enlisting from any Service with a SPD or RE code requiring a waiver may not process until 90 days has elapsed from separation date.

Note: IAW Para 4-24c, The PS must reveal all law violations and list all Article 15, UCMJ, courts-martial convictions, and lost time.

Note: IAW AOC Table 4-2 Note 13, all applicants who have EVER received any misconduct discharge must have a suitability review by NGB, ARNG-ASO.

4-13. Discharge Narratives
a/b/c/e. Refer to AOC Table 4-2 for a listing of discharge narratives that are acceptable and those that are disqualifying.

4-13. Bar to Reenlistment
d. A waiver is required for any applicant who is separated or discharged from the RA, ARNG, or USAR 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 US. Armed Forces at time of last separation or discharge. The approval authority for such waivers is the State TAG for ARNG applicants.

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

4-13. PS waiver documents
f. The following documents are required for submission of a waiver-

(1) Request from recruiting battalion commander, including the results from interview with the applicant.
(2) Letter from applicant explaining circumstances surrounding reason for waiver. The PS applicant must address reason for separation or discharge.
(3) DD Form 214, DD Form 215, NGB Form 22, and DD Form 220.
(4) DD Form 368, if required.
(5) DD Form 1966, SF 86, and NGB Form 22-3.
(6) A copy of applicant’s USMEPCOM authorized document that clearly displays ASVAB results and PULHES results (or REDD Scores).
(7) If separated for hardship, parenthood or dependency, the following additional documents are required.

(a) DA Form 3072-2 (Applicant’s Monthly Financial Statement).
(b) Proof that prior condition upon which separation was approved no longer exists.
(c) Proof must be in the form of affidavits made by the person or organization on behalf of the applicant. Community members who are familiar with the applicant’s home condition of the applicant’s Family may also provide such substantiation. Any legal documents support the conclusion that the condition no longer exists may also be used.

4-14. Absent without leave (AWOL) or lost time
Refer to AOC Table 4-2.

4-15. Conscientious Objection
c. The PS applicants with a history of conscientious objections, must not have been discharged by reason of
conscientious objection under provisions of AR 600-43. Note: See AOC Table 4-2 for current waiver eligibility. Refer to AR 601-210 for rest of this paragraph.

4-16. Reserve Component separations or transfers
a. A waiver is required for any applicant who is a current member of an RC who is pending adverse or
administrative actions considered disqualifying under Chapter 4. These applicants may not be processed until the adverse action is completed. Waivers will be submitted following final action in these cases.
b. 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. Refer to AOC Table 4-2.

4-24. RE-4 Discharges
b. 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. Questionable cases may be forwarded to HQDA (DAPE-MPA) for consideration.

SECTION IX
DMPM WAIVERS

E-3. DMPM Waiver Processing (IAW AOC)
a. Commanders at any level below the approving authority may disapprove waivers for applicants who do not meet prescribed standards and who do not substantiate a meritorious case, except medical waiver (excluding dual waivers where nonmedical waivers are disapproved). Requests for waivers may not be submitted within six months of disapproval.
b. Conduct, administrative, and/or medical waiver requests (09S, 09R, and 09W) applicants will be submitted through ARNG-HRR-O when requiring DMPM approval. These requests may take up to 60 days from the time submitted from the NGB Waivers NCOIC to DMPM.
c. DMPM waivers are required as outlined in Table 4-1 or-

(1) Any discharge resulting in Misconduct or Patterns of Misconduct.
(2) Any discharge resulting in Medical Discharge.
(3) Any applicant with a verified current diagnosis or history of any of the following mood disorders;personality disorder; disorders with psychotic features; drug or alcohol abuse or dependence; drug overdose; or any suicide attempt, or suicide gesture or ideation.
(4) Self-mutilation meeting the following criteria may be submitted for review by the Service Medical Waiver Review Authority –

(a) A single episode before age 14 and no incident within the 5 years before application.
(b) No evidence of any disqualifying behavioral health condition on psychiatric evaluation (ordered by the MEPS Chief Medical Officer).
(c) Evidence of adequate coping with stressful situations.
(d) Applicants who were previously denied accession to any branch of the military for behavioral health
conditions.

d. Suitability Review. Conduct and administrative waivers for applicants requiring DMPM approval will be submitted to the ASO prior to any processing beyond ASVAB testing. Approved suitability reviews will be issued a SR control number by the ASO. DMPM waiver submissions without an approved SR control number will be returned without action to the requester.
e. Waiver Processing. Waiver submissions that are recommended for approval will be submitted to the DMPM using TMT by the Waivers NCOIC. Required documents for conduct and administrative routing include but are not limited to –

(1) Handwritten, legible applicant statement, prepared by the applicant explaining the circumstances surrounding the waiver request and basis of waiver consideration.
(2) Reference letter from employers for 1 year preceding waiver application and any schools attended in the last 3 years. Unemployment exceeding 90-days require an applicant statement. When the applicant has completed education requirements after the offense, include transcripts or diploma.
(3) Police record checks, court documents, or any documents from any law enforcement agency. When the applicant was assigned to probation, documents showing completion of the probation are required.
(4) USMEPCOM Form 680-3ADP (MIRS generated). Must have drug and alcohol test result, HIV result, and ASVAB score. PS applicants must have a REDD report.
(5) DD Form 2808, DD Form 2807-1, DD Form 2807-2 (must be a valid physical).
(6) When applicable, DD Form 214/215, NGB Form 22, or DD Form 220, and complete discharge packet.
(7) Passing e-validation and complete SF86.
(8) RRC recommendation memorandum. Memorandum must indicated the applicant has been interviewed about past behaviors and that there is reasonable assurance those behaviors will not pose risk to unit readiness.
(9) TAG endorsement memorandum stating all documents have been reviewed, what the disqualification is, and if they recommend the waiver be approved as meritorious.
(10) Any lower tier approved waiver must be included in the waiver.

f. Medical Waivers and medical discharges. These waivers requiring DMPM approval will be submitted to the SMWRA through MATS. The ARNG Chief Surgeon Office, in conjunction with the SMWRA and ARNG-HRR-O will submit the required documents from MATS to DMPM for waiver action. Approved DMPM waivers will be uploaded into the applicants ERM under “Medical Waiver”. Approved waivers from DMPM are valid for 90 calendar days from the memorandum date, even if the physical expires. Prior to enlistment State Operations will generate a workflow and recommend approval in Recruiter Zone for DMPM-Medical. If the physical expires prior to enlistment and the condition still exists after a new physical is obtained, the applicant may continue to process as long as the 90 calendar day window has not closed. If the condition no longer exists, there is no waiver required.