Denied Criminal Waiver

[caller]

I've done some digging around, and can't seem to find any useful advice on what to do after being denied a criminal waiver. Most of the "denied waiver" posts seem to be concerned with medical.

I've been speaking with my recruiters for several months now. Prior to that, I was attempting to join the AF reserve, but thought better of it. They were willing to allow me to enlist, but denied me access to nearly all jobs.

In the 7th grade, I gave one friend half of a hydrochodon pill, and he gave me 5$. I was caught for this and sent to juvenile court, but due to the lightness of the case was given differed prosecution and the only punishment I received was 6 months probation. However, I was misinformed of all of this by my school principle, who told me I had been "charged with a felony for distribution of a controlled substance" (likely to scare 13 year old me straight). After finding out the truth of my conviction, I didn't think this seemed like a valid reason to deny me access to most jobs, and I was being seriously turned off by the general lack of physical motivation with the Air Force, so I decided marines.

I've submitted loads of paperwork explaining the details of the case, been to MEPS, passed physical, 97 on my Asvab, and was told to wait for the waiver to go through. I just received word that my waiver was denied based on the initial info they received that the Air Force transferred over, that I had admitted to being charged with a felony drug crime. None of the last several months of information showing that I was misinformed in this assumption was ever looked at, as the decision had already been made and delays meant that it was not received by my recruiter until now.

My question is, what now? My recruiter is saying that means I'm not only denied an air crew job (what I was trying for), but enlistment on the whole. This seems harsh, though I suppose not for the information they based the decision on. From what I understand, this is no appellate process for waivers, as it essentially is already an appellate process. He's telling me to "call my local congressman", but from what I've read that appears to mean hardly anything. Surely there must be some way in which I can still become a Marine, as the denial was based upon information that wasn't true, although I was lead to believe it was? I have a stack of papers sitting in my recruiters office proving that. Is there anything I can do?

Similar Threads:

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• Criminal Waiver

[crazymjb]

I would consult a lawyer and see if you can figure out what exactly you were charged with/convicted of and if it can be fixed. It sounds like there may have been some administrative SNAFU somewhere.

Mike

[caller]

I have a lot of paperwork I retrieved from the courts, one was my juvenile criminal history, another the arrest report. The initial complaint made upon my arrest was distribution of a manufactured substance. This was then reduced to possession, but I was never actually formally charged of anything as I chose the deferred prosecution, which included informal probation (a 6 month "good behavior period" without the normal drug tests or a parole officer), and the rest of my punishment was left up to the school district (I was expelled from the district and sent to a state alternate school, JJAEP, for 90 days).

So as far as I know, this essentially means that I wasn't actually charged with anything, felony or otherwise. The possession charge was going to be a misdemeanor, even if I had been formally charged. We have not been able to re-contact the attorney I had at the time. My recruiter, armed with this paperwork, repeatedly attempted to push to both the Gunny and his CO that a waiver wasn't necessary at all. Even if I had been convicted of the possession, he walked me through a long list of what procedures and rules when it came to drug related offenses, in which it states that any offense that involved marajuana ot prescritption drugs less than 30 mg did not require a waiver. The half pill I sold was less than 28 mg, so I really cut it close.

So essentially, by any account, it doesn't seem like I should be denied enlistment. I'm a national Hispanic merit scholar, I don't have so much as a parking ticket, I have a great ASVAB score, and I'm in shape. My recruiter is somewhat dropping me like a bag a bricks, saying there's nothing else he can really do, and repeating "call a congressman", refusing to even have a sit down meeting with my family and I.

This has all occurred in the great state of Texas.

[m14ed]

I've done some digging around,
and can't seem to find any useful advice


on what to do after being denied a criminal waiver.

Most of the "denied waiver" posts seem to be concerned with medical.


In the 7th grade,

I gave one friend

half of a hydrochodon pill,

and he gave me 5$.

I was caught for this

and sent to juvenile court,

but due to the" lightness of the case "
was given differed prosecution
and the only punishment I received

was 6 months probation.

However, I was misinformed of all of this by my school principle, who told me I had been "charged with a felony for distribution of a controlled substance" (likely to scare 13 year old me straight). After finding out the truth of my conviction, I didn't think this seemed like a valid reason to deny me access to most jobs, and I was being seriously turned off by the general lack of physical motivation with the Air Force, so I decided marines.

I've submitted loads of paperwork explaining the details of the case, been to MEPS, passed physical, 97 on my Asvab, and was told to wait for the waiver to go through. I just received word that my waiver was denied based on the initial info they received that the Air Force transferred over,

that I had admitted to being charged with a felony drug crime.

None of the last several months of information showing that I was misinformed in this assumption was ever looked at, as the decision had already been made and delays meant that it was not received by my recruiter until now.

My question is, what now?
My recruiter is saying that means I'm not only denied an air crew job
(what I was trying for), but enlistment on the whole.

This seems harsh,
though I suppose not for the information they based the decision on.

From what I understand,
this is no appellate process for waivers,
as it essentially is already an appellate process.

He's telling me to "call my local congressman",
but from what I've read that appears to mean hardly anything.

Surely there must be some way in which I can still become a Marine,
as the denial was based upon information that wasn't true,
although I was lead to believe it was?

I have a stack of papers sitting in my recruiters office proving that.
Is there anything I can do?

Go ahead Sweatpea -
Swear on your mothers grave you only did it once!
Gave half a pill to a friend-
"who happened to JUST give you $5 "

I was born @ night-
but not last night......

Good luck telling your story
perhaps in the end someone
will believe your version

[m14ed]

I've done some digging around,
and can't seem to find any useful advice


on what to do after being denied a criminal waiver.

Most of the "denied waiver" posts seem to be concerned with medical.


((In the 7th grade,
I gave one friend
half of a hydrochodon pill,

and he gave me 5$.

I was caught for this

and sent to juvenile court, ))

but due to the" lightness of the case "
was given differed prosecution
and the only punishment I received

was 6 months probation.
"However, I was misinformed of all of this by my school principle, who told me I had been "charged with a felony for distribution of a controlled substance" "
(likely to scare 13 year old me straight).

??? After finding out the truth of my conviction,

(( I )) didn't think this seemed like a valid reason to deny me access to most jobs,
and I was being seriously turned off by the general lack of physical motivation with the Air Force,

" " so I decided marines. " " (lucky us ? )

I've submitted loads of paperwork explaining the details of the case, been to MEPS, passed physical, 97 on my Asvab, and was told to wait for the waiver to go through. I just received word that my waiver was denied based on the initial info they received that the Air Force transferred over,

that I had admitted to being charged with a felony drug crime.

None of the last several months of information showing that I was misinformed in this assumption was ever looked at, as the decision had already been made and delays meant that it was not received by my recruiter until now.

My question is, what now?
My recruiter is saying that means I'm not only denied an air crew job
(what I was trying for), but enlistment on the whole.

This seems harsh,
though I suppose not for the information they based the decision on.

From what I understand,
this is no appellate process for waivers,
as it essentially is already an appellate process.

He's telling me to "call my local congressman",
but from what I've read that appears to mean hardly anything.

Surely there must be some way in which I can still become a Marine,
as the denial was based upon information that wasn't true,
although I was lead to believe it was?

I have a stack of papers sitting in my recruiters office proving that.
Is there anything I can do?

Go ahead Sweatpea -
Swear on your mothers grave you only did it once!
Gave half a pill to a friend-
"who happened to JUST give you $5 "

I was born @ night-
but not last night......

Good luck telling your story
perhaps in the end someone
will believe your version

[Zulu 36]

Congress Critters almost always defer to the military in waiver matters, so that suggestion is just given as a way of getting you off their back. I have a feeling you're leaving something out that the Marine Corps found in the waiver process.

The waiver process is the appeal.

Choices have consequences and you made a bad choice or two in your history. Being PDQ from the military is one of the consequences. Find a civilian career you can enjoy.

[Tennessee Top]

Life is unfair at times. The Marine Corps is even more so. We are very picky about who we allow to earn our title. Your recruiter has moved on. It's time you take the hint and look for a different vocation. Good luck.

[crazymjb]

I don't think he's exhausted all his options yet, or that he should give up if this is his dream. It sounds like you are being prudent with this I would find a lawyer who will do a consultation with you so you can get a solid verified explanation of exactly what is in your record, or not, and how it pertains to military service. See if you can find a local attorney who is also a JAG in the national guard or reserves, or who has a background as a JAG. A consultation shouldn't set you back more than a couple hundred bucks, and if the guy was a JAG he may even be willing to help you out at a reduced rate. Any protracted legal work will cost you, though. Try to get a legal opinion from a lawyer that explains (legally) what happened to you, and how it applies to the moral requirements to serve in the military.

You can then (hopefully) take this back to your recruiter, OR shop around to another recruiter more willing to work with you.

Mike