Expert: John L - 11/6/2008

Question
At 4 months into the recruiting process, I have been told that I am non-waiverable.
I have now been told that based on Chapter 4-24 (page 43) in the attached PDF document http://www.army.mil/usapa/epubs/pdf/r601_210.pdf
, that I am permanently disqualified for enlistment.  I am confused of this exact reason and the wording.   

'q.     Subject of initial court conviction...',   mainly the part that says '(including "intent to").

http://www.army.mil/usapa/epubs/pdf/r601_210.pdf

In my situation it was an arrest in 1997, long time ago right.  The charge was Possession of ____ with intent to sell.   I was sentenced to 30 days jail and 2 years probation with counseling.  However it did have an "other adverse disposition", it was adjudication withheld. Not, guilty, not guilty or innocent, etc..
As of October 15th my record has been sealed by the state of Florida.
I guess my question is first off.  I do not understand all of the wording and content of the attached document that pertains to my situation in the above mentioned section.   Secondly and more puzzling to me...  How did it get to be 4 months later in the recruiting process that they figured this out.  I brought it to their attention from day one and it was understood as to what my situation was.   Seems to me that they(the recruiters) should have known.  Instead they told me that it would require a suitability waiver by the battalion commander.  They have maintained over the past month that my packet had been sent up to MEPS and that I would be getting an interview from the XO "soon".    
I have been advised and encouraged by the recruiter to request a letter from a council member, congressman or senator.   The recruter says that they like me and want to see me get in("or else they would not have told you about the letter", station commander)I have started the process with Senator Jim Webb.  His office says it would be within 45 days before I get a response.  The recruiter says that with this letter I would be able to get in.  The letter will go to a General who will pass it down the chain of command, where it will reach the person who will, simply sign off on it, then I am in.  That seems to easy.   Is this how it is done???      

Is there anything else that could be done?   Is there any loophole or way to avoid the wait?


Any advise or information you could provide would help.

Thank you,

Christopher .


Answer
In a nutshell, you were not found innocent, or not guilty.  Since you were  put on probabtion and had a suspended sentence.  I imagine you were given 5 years or so and all but 30 suspended.  As long as you stayed out of trouble, the issue would be dropped.

That basically said that you are guilty, but the court was cutting you a break since you probably had no record before and seemd liked a good guy who made a mistake.  

The military looks at it like you did the crime and are guilty, otherwise, you would have fought it in court until you were proved innocent.  Intent to distribute is a non waivable offense, unless you were found NOT Guilty in court.  If you did ANYTHING else, such as probabtion, counsleing, etc,  you are guilty in the eyes of the military.

Sorry to say that.  I doubt anything you do short of a presidential pardon will help you in anyway.  I have seen it too often.