Expert: Cynthia Bedell - 8/23/2009

Question
QUESTION: Two weeks ago, I went to MEPS, and took the ASVAB scored a 95 with a GT score of 137 and the full physical. Further, I want to go enlisted with a college degree.  I had a reservation for an MOS, and was planning to get sworn in the following week.  However, that was delayed. I was told from the recruiter, the MSGT wants to see a police report of the aggravated assult charge I had 9 years ago when I was a juvenile.  It shows up in the FBI database as a Aggravated Assault charge, but was dismissed at victim's request.  Thats all the information they have on it.  Both me and the recruiter have been trying to get more information about it, but it has not been successful.  Further, I had a simple assault charge 8 years ago, a fight in school, and reads dissmissed due to lack of prosecution, intake service conference.  The meeting was nothing more than me and the other one involved explaing our sides of what happened, saying sorry and a handshake. SO far, we got the arrest report and I had wrote a letter explaining what happened. I had no convictions in these incidents; however, I am still being delayed. The recruiter is relying on someone to Wednesday to gather more information. I feel I have done everything I can; however, Is there anymore I can do?  Will this require waivers, even though no convictions?  Also, I had my mind set on Imagery Analyst, will this affect my eligibility?

ANSWER: Dear Jason --

You will likely require two waivers since you had two separate incidents, even though both were dismissed.  You should not have too much trouble getting these waivers, if there is nothing else that you have been arrested for or charged with since then.  

However, no waivers are currently being issued since the Army met their recruitment goals for 2009.  You may have to wait to enlist until 1 Oct 2009, to enter service with a waiver.  

If you can, you should try to get transcripts from the dismissal meetings for each of your offenses.  Barring that, if the school authorities recall the incidents and can write a note confirming your version of the dismissals, that could help.

You should have no problem eventually getting a clearance, as long as you are honest on your application, all your prior offenses should be adjudicated in your favor.  However, since you do have prior arrests, you are unlikely to get an interim clearance.  This may mean you will not have the clearance you need to attend your advanced individual training (AIT) by the time you complete basic training.  I recommend staying at your basic training duty station, and assisting the training command until you receive a decision on your clearance, rather than reporting to AIT and not being able to begin training.  You may want to discuss these timing issues with your recruiter, as your orders may have to be specially written to accommodate various contingencies.

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



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

QUESTION: Thanks for a prompt response.  Please explain what you meant by "orders may have to specially written to accomodate various contigencies."  Meaning, I might not get Imagery Analyst or CGS Analyst, so I might have to consider another MOS?  My midterm plan was to enlist for 3 to 4 years in a 35 series MOS, and then when I meet with the retention officer, I want to be cross-trained into 51C.

Answer
Dear Jason --

Since you may not have an interim clearance in time for you to attend your desired MOS training, there are a number of options.  One -- you are reassigned into an MOS that does not require a clearance, and begin advanced individual training (AIT) immediately.  Or -- you do duty at your temporary location, until your clearance is granted and then continue on to your desired MOS's AIT.  If your clearance is not granted, and not adjudicated in your favor, then again you would have to revert to an MOS that does not require a clearance.  You would need orders that allow for such options so you are not negatively impacted by the security clearance screening process which is badly back-logged at the moment.

Once you make Non-commissioned Officer (NCO) ranks, you could apply to train as a 51C.  Alternatively, if you do earn your security clearance, you can apply for officer candidate school (OCS) and once you are commissioned apply for the Acquisition Corps as your functional specialty, and go into contracting.

Good luck to you.