Expert: Rod Powers - 9/22/2009

Question
Three years ago my son was charged with a misdemeanor drug charge which he completed the diversion program.  Last January he was granted a waiver for this drug charge.  Before going to Jacksonville his Navy recruiter tested him for marijuana at their office and it was negative but he tested positive at MEPS.  He received a letter stating he could reapply for the Navy in 45 days. We have been trying for the past 3 months to get him approved by a commander to allow him to retest at MEPS.  Every branch of service has said no, they say due to economic times the stipulations of who they can take have become stricter. I have several questions; first several Navy recruiters have said he will never be accepted in the Navy due to testing positive at MEPS.  If this is true then why send out letter stating you can re-test in 45 days and be reconsidered?  Second, he was told by the Army and Marines to come back in October when the fiscal year starts.  They say their stipulations may change.  With your years of experience do you see that happening?  Third, would it help to write our senator and representative for help in this matter?  My son has realized his mistakes and knows he wants to serve.   He really needs to move on with his life if the military is never going to reconsider him.  Thanks in advance for your advice.

Answer
Hi Marilyn,

The Army, Navy, and Marine Corps recruiting regulations, allow one to re-test and enlist after 45 days after a MEPS positive drug test, *if* the service grants a waiver.

The Coast Guard and Air Force regulations do not.

However, the key phrase is "with a waiver." When one needs a waiver, it means they have been disqualified for enlistment, and the waiver is the process of one asking the military to make an exception in their particular case.

The service doesn't have to approve a waiver. In fact, they don't even have to consider a waiver. Generally, waivers are considered and/or approved when a military branch is having problems meeting their recruiting goals.

For the past several months, probably due in large part, to the very poor job market, all of the services have been meeting or even far exceeding their recruiting goals (see: http://usmilitary.about.com/od/2009recruitingstatistics/FY_2009_Recruiting_Stati...). Therefore, they simply aren't considering very many waivers right now. From their point of view, why should they consider a waiver, when there are plently of folks lining up who want to join, who don't need a waiver?

You can write your senator or representative if you wish, but I very much doubt it would help. The fact of the matter is that it's completely up to the service (based on their current recruiting needs), whether or not to consider a waiver.

For more information about the US Military, feel free to visit my US Military Information website at http://usmilitary.about.com

Hope this helps!

Rod Powers
http://usmilitary.about.com