14 June 2021

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MSG(R) Richard Platt
webmaster@njarmyguard.com

 

NOTES 
Enlistment Waivers
09S/09R Conduct Waivers 
Waiting Periods
Waiver Validity Period
Burden of Proof
Whole Person Concept
No Violations or Traffic Only
Minor Non-Traffic and Higher
Major Misconducts
Self-Admitted Offenses
Suitability and Eligibility
Enlistment Waiver Codes
SMOM 20-054 
AOC Para 9-10 / AOC Para 9-14
AR 601-210 Para 4-32 
AOC Para 4-5 / AR 601-210 Para 4-27
AOC Appendix B-3 
AOC Appendix C 
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 
ASO Training Slides
DoDI 1304.32 

 

AOC TABLE 4-1 - WAIVER AUTHORITY FOR LAW VIOLATIONS/CRIMINAL OFFENSES
OFFENSE
CLASSIFICATION
# OF
OFFENSES
WAIVER
AUTH
LEVELREFERENCE
1. TRAFFIC (LEVEL 100)  
1 or moreNot RequiredN/AN/A
2. MINOR NON-TRAFFIC (LEVEL 200)
5 or moreYesTAGAR 601-210 Para 4-6
3. MISCONDUCT OFFENSES (LEVEL 300) 
a. DUI (309) or Possession of marijuana or paraphernalia (316) or NPS Positive DAT at MEPS -See NotesYesTAGAR 601-210 Para 4-6
b. DUI (309) or Possession of marijuana or paraphernalia (316) or NPS Positive DAT at MEPS -See NotesYesNGBAR 601-210 Para 4-7
c. Solicitation for prostitution or prostitution (317)1YesTAGAR 601-210 Para 4-6
d. Domestic Violence (308)1YesNGBAR 601-210 Para 4-6
e. Any Misconduct Offense2 to 5YesTAGAR 601-210 Para 4-6
f. Any Misconduct OffenseNoN/AAR 601-210 Para 4-22
4. COMBINATION OF MINOR NON-TRAFFIC WITH MISCONDUCT 
a. 4 Minor Non-Traffic and 1 Misconduct4 Level 200 and 1 Level 300YesTAGAR 601-210 Para 4-6
5. MAJOR MISCONDUCT (LEVEL 400)
a. Any Major Misconduct - See NotesYesDMPMAD 2020-09
b. Any Major Misconduct 2 or moreNoN/AAR 601-210 Par 4-22
NOTES:
Any offense listed in AR 601‐210 Para 4‐22 remains ineligble for a waiver.
Process DMPM waivers IAW AOC Appendix E-3.

AOC TABLE 4-1 NOTES

1. Domestic battery/violence offenses include but are not limited to: Charge(s) of assault, simple assault, harassment, assault and battery, battery, assault with the intent to commit bodily harm, assault on a person, abuse, domestic violence or any offense that involves the use or attempted use of physical force, or threatened use of a deadly weapon by an applicant against their parent, step-parent, sister, or brother, spouse, child; 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 regardless of disposition.

2. All applicants who have been charged with any offense of Domestic Violence require verification from court or County Sheriff stating whether there was a Protective Order issued. If there was, the verification must include the termination date of the order. Applicants may not enlist with an active Protective Order that prohibits their movement or their right to bear arms.

3. Enlistment of applicants with a qualifying conviction for Domestic Violence under the Lautenberg Amendment is prohibited. No waivers authorized.

4. DUI Offense(s): 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 authorized for applicants with three or more separate DUI offenses.

5. Weapon on school grounds include offenses where the school issued punishment and no police/courts were involved.

6. Live Scan Results must be present prior to the submission of a conduct waiver. 

7. An applicant with a single DUI (309) approval authority is TAG, regardless of the fine amount or confinement.

AOC TABLE 4-3 - SUITABILITY REVIEW AUTHORITY
 CLASSIFICATION OF OFFENSE
# OF OFFENSESSUITABILITY REQUIREDSUITABILITY AUTHORITYREFERENCE
1. RRB Operations
a.Combination of 4 Minor Non-Traffic (200) and 1 Misconduct (300)YesState OperationsAR 601-210 Para 4-2e
b.Misconduct (300)2 or moreYesState OperationsAR 601-210 Para 4-2e
2. Accession Suitability Office
a.Any Misconduct offense requiring DMPM waiver 1 or moreYesARNG-HRR-ASOAOC
b.Serious Misconduct / Major Misconduct 1 or moreYesARNG-HRR-ASOAR 601-210 Para 4-2e
c.Domestic Violence offense 1 or moreYesARNG-HRR-ASOAR 601-210 Para 4-2e
d.Criminal offense of a sexual nature (includes sexting)1 or moreYesARNG-HRR-ASOAR 601-210 Para 4-22
e.Any offense involving a weapon on school grounds1 or moreYesARNG-HRR-ASOAR 601-210 Para 4-2
f.09S / 09R IAW NGR 600-100 Para 2-9b1 or moreIn conjunction with control # issuanceARNG-HRR-ASOSMOM 20-054
g.09W IAW NGR 600-101 Para 2-141 or moreIn conjunction with control # issuanceARNG-HRR-ASOSMOM 20-054
Note: State Operations may process suitability review request if they have completed the State Suitability Managers Course conducted at Fort Knox.
Note: Suitability Review is required regardless of disposition.
SUITABILITY REVIEW AUTHORITIES
TYPE OFFENSE REMARKS OPS NCO w/ ASO CERTASO
ConductDomestic ViolenceNoYes
ConductWeapon on school groundsNoYes
ConductOffenses of a sexual natureNoYes
ConductSerious/Major Misconduct/DMPMNoYes
Conduct09S 09R 09WSMOM 20-054NoYes
ConductAny offense not specified aboveRequires RRC MemoYesYes
Live ScanNon-Disclosed 100 & 200 LevelYesYes
Live ScanNon-Disclosed 300/400/UCMJNoYes
Live ScanHRR Form 369 completed improperlyExamplesYesYes
Live ScanHRR Form 369 missing/LS returns no recordYesYes
Live ScanHRR Form 369 missing/LS returns w/ recordCharge needs no waiverYesYes
Live ScanHRR Form 369 missing/LS returns w/ recordCharge needs a waiverNoYes
RetainUndisclosed chargesTrafficYesYes
RetainUndisclosed chargesNon-traffic or aboveNoYes
RetainCharges after enlistment100 & 200 levelYesYes
RetainCharges after enlistment300 & 400 levelNoYes
References:
a. Live Scan Procedures
b. Retain Procedures

WAIVER DOCUMENTS

NGB Approval for MEPS Physical
NGB 22-3 

DD Form 2807-2 annotated by CMO
Medical docs from applicant’s physician
DD214/NGB22/REDD for Prior Service
USMEPCOM Form 680-3-ADP
Note: ASVAB scores not required
Approval for MEPS Physical Checklist


NGB Medical Waiver
NGB 22-3 

*Must enlist for the MOS selected
DD Form 2808 with DAT results
DD Form 2807-2
USMEPCOM Form 680-3-ADP
DD214/NGB22/REDD for Prior Service
MEB documents if medical discharge
Any pertinent medical documentation
Medical Waiver Checklist


Suitability Review
All police/court/probation records

Handwritten applicant statement addressing
all charges above traffic

SF86 must be completed in RZ
NGB 905 listing all charges


EPS Waiver
Required for E-5 and above

NGB 22-3 
Proof of MOS or slot requested
DD214/NGB22 or proof of rank
NCOES complete within 12 mths of enlistment

 

State AG Waiver
NGB 22-3 / NGB 905 for conduct

All police / court records
Applicant statement
Discharge documents if PS
Negative DAT for DAT/Marijuana
*EPS Waiver - see below


NGB Waiver
NGB  22-3 / NGB 905 for conduct

Approved Suitability Review
All police / court records
Generated SF86
Applicant statement
Reference letters
TAG endorsement
Discharge documents if PS
Discharge packet per Tbl 2 if PS


DMPM Waiver
IAW AOC Appendix E-3


Dependency Waiver
NGB 22-3 

Divorce Decree if applicable
Discharge documents if PS
Dependency Memo
Dependency Memo Military
DA Form 3072-2


FCP if Single Parent/Dual Military:

DA Form 5304
DA Form 5305
DA Form 7666
DA Form 5840
DA Form 5841

MEDICAL WAIVER WORKFLOW

Medical Action Tracking System (MATS)
The Medical Action Tracking System (MATS) is an Army National Guard web-accessible medical waiver processing and tracking application. The MATS application provides an electronic method for submitting, storing, tracking, and reporting medical waivers/actions to the ARNG Office of the Chief Surgeon (ARNG-CS). MATS uses a role-based access control system, which limits actions and visibility available to users based on their role's permissions.

MOS Selection
When submitting a Medical Waiver request, the MOS is a major component in the waiver decision making process and is directly linked to the waiver. Consequently, any request for a MOS change after a waiver decision is completed will require re-evaluation by the Waiver Authority. This process could take up to 72 business hours.

Medical Waiver Workflow
a. The RRNCO must intitiate the request for waiver from Recruiter Zone. The RRNCO must ensure that a projection has been done.
b. The NCOIC must approve/disapprove the request for waiver from Leader Zone. Even though the RRNCO is initiating the workflow from RZ, if he or she has LZ access, the system may recognize the RRNCO as being at the NCOIC level, thus causing the workflow to be Returned Without Action (RWA).
c. The State Ops LNO should now be able to action the request for waiver.
d. Height/weight (to include max weight) data and ASVAB line scores must be present in ARISS. MATS is used for the submission of medical waivers. The waiver workflow (only) for medical waivers is initiated and approved by the State Ops LNO in GCRc once the medical waiver has been approved.

Urgent Medical Waivers (IAW AOC Para 4-6)
a. Urgent medical waivers are considered on a case-by-case basis and must include the applicant information, as well as justification for the request. The justification must be stated in email and submitted with enough time to process through the Service Medical Waiver Review Authority (SMWRA) by 1730 EST. Complicated medical cases such as multiple disqualifications or behavioral health diagnosis will not be considered. Simple cases, such as penicillin allergies or astigmatism may 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 SMWRA.
b. Waivers submitted from a training installation will be recognized as urgent. Build these as NPS waivers with the original pre-ship required documents in MATS according to DODI 6130.03 standards. This is necessary to ensure the waiver workflow is properly routed. The consult for disqualification must be included (for example, vision and hearing consults).

DMPM Medical Waiver
Refer to DMPM Medical Waivers for Behavioral Health and Medical Discharges.

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-CS 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.

MATS Documents Checklist
a. Enlistment Medical Waiver
b. Approval for MEPS Physical
c. Commissioning Medical Waiver
d. DoDMERB Medical Waiver

Note: IAW AR 601-210 Para 4-5c(6), if separated  for medical reasons, must submit DA Form 4707, DA Form 3947, and/or DA Form 199.

Note: Additional docs required/allowed by Chief Surgeons Office:

  • ADD/ADHD - Transcripts / work references / pharmacy records / proof of no Individualized Education Program (IEP)
  • Statement from coaches / employer
  • Approved ARNG conduct waivers
  • Waivers from RA/USAR are reviewed
  • Waivers from other branches are considered

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 Waiver