Expert: Rod Powers - 9/13/2009

Question
QUESTION: My son has a dismissed juvenile felony for possession of a contorlled substane. He spent 30 days in juvenile hall and probation that was without any further issues and has been completely dismissed as well. He has letters of reccomendation form teachers, coaches etc. regarding his turn around. 1.5 years ago he also received 2 curfew tickets and 1 ticket for tobacco. All have been paid/resolved. He has gone through MEPS and requires a moral waiver but the recruiter is telling him to withold the information about probation and 30 days in juvenile hall and only reveal the other information. Won't that be fraudelent enlistment.

ANSWER: Hi Chris,

Yes, that would be fraudulent enlistment. You may wish to read my article at: http://usmilitary.about.com/cs/joiningup/a/falsestatements.htm.

Hope that helps!

Rod Powers
http://usmilitary.about.com

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

QUESTION: What would you suggest. When he filled out the waiver papers he did not put the juvenile hall or probation information, following the recruiters direction who told him that the DOJ & FBI report only shows the charge and current status.Can he change the paperwork, angering the recruiter, who then will not process a waiver for him? Why would the recruiter tell him to not disclose this information is it not waiverable if he were honest?

ANSWER: Hi Chris,

Here's the problem: The recruiter only has access to the National Agency Check (NAC), and the local agency check (LAC). The recruiter doesn't have access to what will actually come up when the Marines start doing the full-blown background check (which -- because it costs a lot of money -- isn't done until one actually enlists and goes to basic training).

To be truthful, the recruiter doesn't really care. Once the applicant ships to basic, the recruiter can count him/her as an "enlistment quota." What happens after, doesn't affect the recruiter. If your son is later discharged for fraudulent enlistment, the recruiter still has his/her enlistment quota for that month made.

My absolute best guess is that the 2 curfew tickets and 1 tobacco ticket doesn't even require a waiver, or requires a "lower level" waiver (see: http://usmilitary.about.com/od/marinejoin/a/criminal.-um-.htm). A felony (even a juvenile felony), requires a major-level waiver, and the recruiter doesn't want to deal with that.

Want proof? Ask the recruiter to sign a statement, saying he/she was informed of the juvenile incident, and advised the applicant not to disclose it. I bet anything that the recruiter will not sign such a statement. He/she is too smart. Your son should be just as smart.

Hope this helps!

Rod Powers
http://usmilitary.about.com


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

QUESTION: Thank you sir for spending the time to answer my questions and this is my last one. What I am confused about is the recruiter is processing the waiver for the dismissed felony..but he has instructed my son to leave out pertinent facts related to the felony that was dismissed. Which is he spent 30 days in juvenile hall 14 months ago, and was on probation for 1 year and when the courts dismissed the felony they terminated probation.So he is NOT hiding the dismissed felony, but IS HIDING part of the consequences related to it. Is juvenile probation and a stay in juvenile hall related to this dismissed felony non-waiverable? That is the only reason I can think of that he would not want it disclosed. My son will go in 2 weeks for a psych exam per the Dr. at MEPS - to determine if he has a pattern of misconduct. Should he revela the probation and juvenile hall at that time, against the recruiter's instructions? Thank you very much for your help, I absolutely disagree with lying and will show my son your responses.  Chris

Answer
Hi Chris,

Okay, I think I understand the situation now. The recruiter is hoping to process the waiver for the felony as if it were unconditionally dismissed (which would mean your son didn't commit the offense, or there wasn't enough evidence to prosecute). The waiver would almost surely be approved in such cases.

This is a good idea, from the Recruiter's point of view, because it makes it a pretty much sure thing the waiver will be approved and your son will be able to enlist, and the recruiter will make his enlistment quota.

This is a terrible idea from your son's viewpoint. The probation and days in juvenile hall are a matter of public record, and the Marines will almost surely find this, when they seriously dig into his background while he is in basic training/job training. This would then probably result in a fraudulent enlistment discharge. But, the recruiter wouldn't care -- he/she already got their enlistment credit, and -- if asked -- would simply say you son didn't tell him/her about the probation and juvie time.

Here's something to try, if the recruiter continues to say this is okay: Tell the recruiter to put his/her advice in writing and sign it. I bet he/she won't. That should tell you something.

Hope this helps!

Rod Powers
http://usmilitary.about.com