Expert: Cynthia Bedell - 10/22/2008

Question
QUESTION: Hello, I am 30yrs.old, a resident of Hudson County, NJ, my birthday is 03/07/1978. I'm in the process of joining the Navy wanting to make a military career up to the ranks of officer. I had a prior E-felony conviction of "aggravated harassment" with 2 misdemeanors, stalking and criminal mischief attached to the aforementioned charge in 2001 from an ex-girlfriend. I did some time months. I told my recruiter who is a Chief in the Navy everything, the whole truth about my past even to my present as a positive, progressive, hard working citizen. He said those charges are 7 years old lets just see if we can get you in through waivers. 3 waivers i filled out detailing each charge. He then asked for 3 character references, i gave him 3 excellent ones. Then he asked for a hand written statement of why I wanted to join the Navy, I impressed him with my writing, he said it was very good. He then had me take the ASVAB test on 6/16/2008. I scored a AFQT of 53, GT=103 EL=205 BEE=194 ENG=110 MEC=167 MEC2=148 NUC=204 OPS=194 HM=160 ADM=102. On 07/02/2008 I go to MEPS in Brooklyn, NY and pass there also. The recruiter takes me back and tells me that my waivers have to go through the chain of command, great makes perfect sense to me. Over this July 4th weekend he and I kept in touch, he said wait and see if i can get an answer for you. That following week after MEPS he lets me know that the Navy filled its quota for felony waivers for the fiscal year 2008, that I would have to wait till October 2008 so he could officially send my waivers through. He believes there shouldn't be any problems in his opinion due to my conviction being about 8 years old. Now October happens to be when fiscal year 2009 begins as per the recruiter. Is there a chance of me getting in?? I asked my recruiter if I were to get accepted in, I was interested in going into the SEALs would my age of 30 be a problem?, he said no as long as i get those waivers approved, I'd be eligible as a civilian to sign a SEAL Challenge Option contract. Officially go through Basic, pass successfully in basic the SEAL PST with a mentor, upon successful completion of that I'd be eligible to attend BUD/s. Since MEPS I've been physically training hard on my own. I run 5 miles every other day. I swim as per the requirements of 500 meters, but now i swim 1,500 meters, do about 82 push-ups, over 150 sit-ups. I'm in the best shape of my life!, I'm just wondering if because of my age I'm not accepted into the SEAL program providing I get into the Navy, could i go for any other special operations training? Such as a Diver or SWCC? I am also a certified PADI Open water diver and currently attending AIUonline University as a freshman, currently majoring in Criminal Justice maintaining a 4.0 GPA help any?? as of yet I haven't told my recruiter the latter, figuring I'd wait for the official answer. My apologies for going on and on, I am seeking an outside opinion on all this, Thanking you in advance for your anticipated response.

ANSWER: Dear Josner --

You recruiter seems to be quite open and forthright with you.  All the services fill their acceptance quotas of waivers each year, unless they are under recruiting.  This usually happens in the summer months because we get a lot of high school graduates joining, and do not need as many others to enlist.

October, the beginning of our fiscal year, will start a new clock, and you will have more opportunities for waivers, and for selecting the military occupation you desire.

You may enlist up to the age of 35.  If you qualify mentally and physically, and can get any required security clearances, you can select your desired MOS.  You can be in under water diver MOSs without being a SEAL.  However, you sound like you really want to try this challenge, so wait to enlist until you are offered the rider that gives you the SEAL Challenge.  Be sure the SEAL Challenge option as in the contract you signed at MEPS, or, if you have not signed a contract yet, be sure it is in the final contract that you sign.

Please write back, if you have other questions.  Good luck to you.

---------- FOLLOW-UP ----------

QUESTION: Well Ma'am I got the news today from my recruiter that the NAVY still has not entertained my file. I asked my cousin who also is a chief in the NAVY but in Virginia and he thought it was wierd since they were entertaining down there. He asked me to get my file from the original recruiter, upon doing so my recruiter tried looking for it at MEPS but they told him they couldnt find it, he told me that through his own personal experience they dont keep files laying around as its government policy not to keep anyones personal information. What that means is he said they probably shredded my file which means they disqualified me. I feel so disadvantaged that I have this felon record on me and that theres nothing in the world I can do to change that, I even texted him, what if I get a letter from my congressman of which an answer was to no avail. I figure he doesnt want to talk to me anymore so I will not waste his time with myself. My dream of joining the NAVY has been shattered to say the least. Is there anything I can do? Can I try another region other than the northeast?, can I do that? I would be inclined to take a flight anywhere in the U.S. if they would accept me as I have a free flight anywhere, I thought why not, but before I do let me seek some advice first. Thank you again for anticipated response.

ANSWER: Dear Josner --

If your recruiter "can't find your file" and MEPS "can't find your file" you don't have a file.  If you were disqualified, they would have a file and it would show you were disqualified.

I recommend seeing the recruiter near your friend in Virginia, and starting a new enlistment application.  You will still need a morality waiver which might not get approved, but you should get a straight answer -- not "we can't find your file."

Both the Army and Marine Corps are more likely to accept recruits with waivers at the moment.  But you should do what you think is best for you.  Good luck.



---------- FOLLOW-UP ----------

QUESTION: Thank you so much for taking the time to respond to my inquiries as with everything in life I'm constantly learning. So heres what I did, I walked into an ARMY recruiting station explained to a recruiter my whole situation with my background and why I was disqualified from NAVY service. He really couldn't answer a yes or no if I'm eligible to enlist in the ARMY so he directed me to the station commander, a Mr. Norman King. He was very helpful in taking the time to look up on his computer what the meanings of my criminal history meant to the ARMY and how they would be looked as so he could better determine if I'm eligible for service. I created small talk and said I am a certified PADI diver and was interested in the 21D program for the ARMY, and that I hold a 4.0GPA in school. He said all that is cool, but that for enlistment he has to see how my arrest record was written up to determine eligibility. He said my 1999 arrest that was pre-trial intervention he could work with but my 2001 aggravated harassment with the stalking is classified as 1 charge and that the criminal mischief is another charge, making it 2 charges in the eyes of the military versus civilian as one whole charge. Then what he thinks may or may not be the determining factor was my conspiracy to receive stolen property in 2002 at the value of $15K, he said if it were under $500 he could work with it, but that he never dealt with a charge with such a large sum attached to it. With that I may or may not have reached the 3 strike rule, but he was willing to work with me a little bit to see if I'm eligible on how the arrest record was written up, no promises, no guarantees, no talk of what i was interested in, just the facts first and then we'd take it from there. His opinion was that i had possibly too many frivolous charges versus just having 1 or 2 serious felonies that are waiverable. It was good to hear a no frills answer, straight to the point. All he took from me was my social, and my telephone number, I signed the approval for him to search my background as previously MEPS shredded my paperwork for the NAVY. This was yesterday, I guess today was a little legwork. But I've come to realize if I am not eligible for service then I guess theres nothing I can do about that, just work as hard as I've done at my job, get my bachelors degree in criminal justice, and dive recreationaly. It was heartbreaking though as every single service turned me down, the Coast Guard, the NAVY, the AIR FORCE, the AIR NATIONAL GUARD, and finally I have yet to see what the ARMY says. I did not attempt the MARINES as they are part of the NAVY so I am assuming thats an automatic no. Thanking in advance for your help in advising me as much as you have with your knowledge.

Answer
Dear Josner --

Actually the Navy and Marines have different enlistment criteria, and the Marines have a higher need for recruits at the moment.  However, the Marines have a tougher waiver process than the Army.  So your best bet is still the Army.

Good luck with the Army waivers.  Don't give up on turning your life around.  You are on the right track, and have good goals.  Stick with them, and you can succeed.

You also have one other route to take.  You can go back to the courts in which you were charged, and request civic service in return for having all or part of your record expunged.  This could take you a couple of years, but if it works, you could enlist without a waiver.  

You are more than welcome to any advice, I can give you.  Please write back, at any time, if you have a question, I might be able to assist you with.

Best regards,