Expert: Cynthia Bedell - 7/19/2007

Question
QUESTION: I am currently a 19 year old college student in the Army ROTC program attending the University of Oregon. I am planning on trekking the Simultaneous Membership Program route in means of receiving the rank of 2nd Lieutenant in the Army National Guard. I am planning on going to basic training in the Fall of 07'.

Firstly,

I went to MEPS in late June, everything went well. Received a mid 90's score on my ASVAB test and I had to receive two medical waivers for:

1) Mild Atopic Dermatitis
2) Shoulder Surgery from a HS football injury

I received both, no problems and no questions, within a week after my medical records were faxed over. Now it gets tricky...

In early November of 2006 I made a poor decision of driving under the influence on the way home from an event. I was arrested and at my later court hearing I was not awarded a DUI conviction but rather 'Diversion'. I went back to continue my education in the winter and completed an educational program during that span for a course of 90 days. It was not considered "counseling" or a rehabilitation program. I have no history of alcoholism within my family or myself, and was never diagnosed by any administrative figure as ever having an alcohol abuse problem or being an alcoholic. It was merely a horribly poor choice that i made.

I am now done with the program, having paid the courts as well as the program finished and behind me. Will these two requests and acceptance for the medical waivers decrease or hinder my ability to receive a waiver for the DUI Diversion? Or are they both handled by two completely different administrations sects with no say in the others business of awarding waivers? I also know that the waiver process is costly, but more likely to be awarded to someone attempting to enlist in the Army National Guard rather than the CG, Navy, etc...

Is there anything I can do...such as request letters of recommendations be sent from my Military Science Professors, as well from the Counseling Center that led and prompted my educational program? And how likely will I receive my waiver for the DUI especially for my branch, as difficult a question that is to ask of you?

ANSWER: Dear Eric --

Your waiver for misdemeanor drunk driving is completely unrelated to your medical waivers.  You should get all your paper work together and talk to your recruiter about what it will take to waiver your DUI.  They can tell you what letters will make a difference to the waiver board.  You are correct believeing waivers are easier to receive in the Army right now, than in the other branches of service.

I am uncertain why you wish to enlist, if you are already on an ROTC scholarship.  While in the SMP you serve as an enlisted Soldier in a reserve or National Guard unit, and attend college and ROTC to train and become an officer (second lieutenant).  The SMP will not get you to second lieutenant any faster than ROTC.  If you go to OCS while in the National Guard or Reserves and earn your commission as a second lieutenant, you are no longer eligible for your ROTC scholarship.

Why not just stay with your scholarship, and your DUI mistake will eventually be enough in the past, that you might not have to mention it when you apply for your clearance.  Even if you have to mention it, it will be so far in your past, that your current reliable behavior will show the DUI was an aberration.  You will have little problem getting it waivered or adjudicated.

Good luck to you.

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

QUESTION: I have been offered the 3 year scholarship...but also want to reap the benefits of a signing bonus, money on the side, insurance, and a part-time job with the National Guard while still attending school and receiving the perks and benefits of ROTC as well. So I haven't thrown away my chances but am still contemplating it.

One thing I am unclear on is how long before I can receive my waiver for the DUI? I have heard no time? I have heard 12 months after the incident occurred? But have also heard 12 months only if you have received two alcohol related driving violations? Or is it based upon what the waiver board sees fit? I was never placed on probation either, so it shouldn't affect that date either? My recruiter has been unclear, or maybe I just misheard what he has been telling me and should follow up with him again.

I was interested to also find that I was never required while I was at MEPS to procure a waiver for the DUI. I couldn't swear-in that day because of the medical waivers I needed but was still allowed through the entire application process and screenings. It wasn't until two weeks after that I found I would need one, this was also after me being completely honest during the interview processes and I was never informed of it by the lead screener. Is it possible I found a loop-hole? Or just more of the Hurry-and-wait type of speed-bump the military offers during enlistment?

Answer
Dear Eric --

Normally the DUI issue would have come at at your interview with the recruiter and the recruiter would have done the DUI waiver request prior to your appointment at the MEPS facility.

Since the DUI only came up during your medical interview (DUI is considered a criminal or civil offense issue not a medical issue) your interviewing medical staff have a lot of discretion about what they put on your paperwork.  If the doctor hadn't annotated your paperwork with the DUI, you probably would have gotten in without a waiver.  

DUI is a waiverable offense, just be sure to answer all the issues and provide enough supporting documentation to show that you are unlikely to ever behave that way again.  

Your recruiter cannot predict how long the waiver process will take, it depends on your board and how many files they have have to do.

Good luck to you.