Expert: John L - 4/28/2011

Question
Mr. Lewis, I would like to know if there is anything you can tell me about my situation. I was beginning the process of joining the Army, I took the ASVAB and went through MEPS, I passed both and did all the paperwork the only thing we were waiting on was my record from the police dept. from where I live, it stated that I was originally charged with domestic violence, simple assault however,the charges were dropped and the final charge was loitering and a fine of $233. This is the only charge I have received in my adult life. This took place in 2005. Because of this I was not able to complete processing, my recruiter told me to call him back in 30 days, to see if anything had been changed. I was doing some research on the internet and the only thing I could find that might be able to help my situation is a moral waiver. Is it possible to enlist or is the Army not giving moral waivers? Any advice is very appreciated. I just want a chance to be able to serve my country and do right by my family. Thank you for your time.

Answer
Anything related to domestic violence is touchy with the military because of the Lautenberg amendment bans anyone conviced of domestic violee, ineligible to have a fire arm, even in the military.

the military takes it a step further and anyone charged with it is off limits unless you are found not guilty.  Since yours was reduced to simple assault, they won't touch you.  It is wrong, and you should contact your congress person to complain.  You are not convicted of domestic violence, but are treating you as such.  A congressional inquiry can speed things along to a final decision, though not always in your favor.