Expert: Cynthia Bedell - 1/15/2010

Question
My step son was just dismissed from his ROTC det. because of a misdemeanor disorderly conduct conviction and a speeding ticket.  Both stupid one time mistakes which he stood up for.  He is a hard working, loyal and dedicated kid who wants to be a military officer.  He is a junior, completed his field training, was the det Exec Officer and received many awards in the program.  His commander said the two things lead one to question his moral bearing.  Is there any chance to still qualify to become an officer?

Answer
Dear Ed --

It is unlikely your son will be offered a chance to redeem himself in his former ROTC detachment.  

I presume from the way your question reads, that he was not on an ROTC scholarship, but had entered into an enlistment contract for his last two years in college.  With this contract he received a stipend and reimbursement for books and supplies.  In return he would serve 8 years in some combination of active duty or reserve officer service upon graduation.

Unless he is studying law, medicine or divinity, his only real way to enter the service and serve as an officer would be to enlist upon graduation, with the officer candidate school (OCS) rider.  He is eligible for this rider because he will have the bachelors degree.  However, he will not be eligible for the OCS option, if he has a criminal record.  Therefor, between now, and when he graduates, he must petition the court to expunge or seal his record.  How to do that varies from state to state and usually requires some "proof" of personal change.  This could be volunteer work, completing a substance abuse class, taking a driver education and awareness class, etc. depending on the crime and the state in which it occurred.

His enlistment will still require a waiver for a sealed or expunged record, but if he is a college graduate, and does well on his Aptitude Tests, he should earn a second chance via an OCS targeted enlistment.

Please write back, if you have additional questions.  I wish your son the best of luck, especially if he has learned from this experience.