Expert: Aaron Shifferly - 1/21/2010

Question
Hi my name is Chris. My question is regarding a waiver into the asrmy or to know if I even need one. I recently tried to join the Army in NJ. I took the ASVAB but I had a pending case so my recruiter made me wait to take the physical. Now my charge was for simple assault/ domestic violence which me and my wife were both arrested and our police reports say the same EXACT thing besides our names being on opposite ends. Me and her are still together but she went to Connecticut for about 3months and applied for the army which she was successful at gaining enlistment into. When I tried in NJ they told me that my waiver was denied. Now my recruiter wouldn't tell me this straight forward because I had to continously call him to get a response. Now a recruiter in NY also for the army says that he might be able to help me. Am I wasting my time since I was denied once or is there something that can be done. I also had a similar dv case which was dismissed because my wife admitted in court that the case was false and there were no bruises or any sign of abuse when she made the complaint.

Answer
If you were convicted, you have issues with a provision in law called the Lautenberg Amendment, which prohibits those convicted of even misdemeanor domestic violence from possessing or using firearms.  This is why you're having a hard time. If you were not convicted, and the case isnt pending, you should be ok to join. Just find a recruiter and work with him and he'll do his best to get you in.