Expert: MARK A. HOWELL - 9/15/2009

Question
QUESTION: Hi, thank you in advance for your answer and service ~

My question is: My 17 1/5 year old son is currently working with a recruiter who is processing a waiver for a juvenile dismissed felony for possession of a controlled substance he received in 6/08. My son spent 22 days in juvenile hall 7/08 and 1 year of probation. In 7/09 his felony was dismissed, as well as, probation terminated due to his rehabilitation and no further incidence at all. Previous to the above incidence he received (2) curfew tickets and (1) tobacco ticket all resolved/paid ~ He has gone to MEPS and cleared everything however, he has applied for a waiver and will go back at the end of the month for a psych exam to determine whetehr he has a "pattern of misconduct". The question is the recruiter is instructing him to withold information about the probation and juvenile hall, even though they are processing the waiver for the dismissed felony. The recruiter has actually altered the police report and coached my son exactly what to say and what not to say. Isn't this fraudelent enlistment? And won't he be discharged at boot camp once a background check is done? Any information or advice is much appreciated. Is the probation and juvenile hall stay non-waiverable.

ANSWER: Christine,
You're exactly right.  If he were to get into the USMC, someday he may need a security clearance to do his job.  Security clearances are investigated by the FBI who dig into and uncover everything.  When it's discovered he'll be kicked out for fraudulent enlistment.  Some minor things you can actually keep to yourself and probably never get caught but this isn't one of them.

I'm not about to stick up for the recruiter because there are some unscrupulous ones out there who will do anything for $, however since you're hearing it second-hand and I'm hearing it third-hand, it makes me wonder what the recruiter actually said.  Sometimes they coach young recruits not to say too much and end up causing more questions.  But if he alters a police report, ditch this guy immediately!

It is perfectly legal to go "recruiter shopping" until you find one you like.  Your local recruiter is only in your town for your convenience.  Go to another town and start all over again.  Hopefully you'll find a much better recruiter out there.

Hint:  Wait a few weeks until October 1st.  That is the new fiscal year for the military and your son wants to be first in line with his waiver.  Everything you've described can normally be waived.  I doubt he'll have any problem getting in once he talks to a good recruiter.

Good luck.

Colonel H

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

QUESTION: Thank you for your response sir ~ My follow-up question is this:

The waiver process has already been started when my son was down at MEPS, he was sent to fill out the papers explaining what happened with his felony charge and omitted the probation and juvenile hall, as instructed by the recruiter, can he still go to another recruiter? He does not want to go forward with the dishonesty, but is afraid now that he already omittited some facts he will be automatically disqualified? I personally spoke to the recruiter and that is how I know he advised my son to lie. Once he had my son alone the day of MEPS he and his boss explained exactly what to say, showed him another recruits FBI/DOJ report (to prove the probation would not show in a background check), and then when he was picked up from MEPS thought my son "veered" from the story and called him a momma's boy until the recruiter went in and read what my son disclosed. If you would please advise me whether he would be disqualified because he already omitted facts on the waiver paperwork I would appreciate it.

Thank you

Answer
Christine,
Since he's gone as far in the process as MEPS it's going to be complicated.  I'd still go to another recruiter, tell him exactly what happened, and ask him how to get an honest waiver.  He may not have done any harm yet, but only a good recruiter can salvage him now.  Since the waiver hasn't actually been granted yet, it may help.
Good luck,
Colonel H