Expert: John L - 11/12/2008

Question
Can the National Gaurd get waivers that the Army cannot?   According to AR 601-210...   4-24 Nonwaiver section q. Subject of... (including "intent to"), ... or any other controlled substance. This applies to me, I was arrested in 1997 for Possesion of ___ with intent to sell($20.00usd street value). The disposition was adjudication with held, thirty days jail two years probation.   I told the Army recruiter from day one all of the information to my criminal history openly and honestly. They told me all I would need was a suitability waiver. After 5 months I was told differently and that I was perminently disqualified, The recruiter then referenced a few pages from AR 601-210 and highlighted the section that applied to me.  After researching the AR 601-210, I came accross a section 4-36 HQDA exceptions.
Does this apply to me?  
What constitutes exceptionally meritorious cases?  
I have not gotton in any more trouble since 1997. My ASVAB line scores are all above 115 and I have passed my Physical with flying colors.

Answer
There are lots of disqualifyers in the military.  Most are waivable if you are otherwise a good citizen.  However, some are no waiver authorized, intent to distribute is one of them.  

This goes for all branches of the military.  Your recruiter should have known that from the start, but he may have been new, or just clueless.  

Sorry I don't have better news for you.