Expert: Rod Powers - 10/13/2007

Question
QUESTION: im working on 11x im now 27 years old i had a juvenille fight I plead guilty to when i was 17 it was taken off my record and when i was 21 i was arrested for spousal abouse (me and my girlfriend at the time had a heated screaming match and the neighbors called the police.) for the spousal abuse i never even went to court (was a D.A. reject for lack of sufficent evidence because i didnt hit her) i was taken to a substation and fingerprinted so it showed on my FBI report im in the process of getting a waiver I self admitted the fighting at meps before my shipping... My waiver has been filed im just waiting for the results what do you think the chances of me getting in are?

ANSWER: Hi,

The domestic violence charge is going to be a problem, because there is a law, called the Lautenberg Amendment, passed in 1996, makes it a crime for anyone convicted of domestic violence to own or even possess a firearm. That includes members of the U.S. Military. (For details, see: http://www.armystudyguide.com/content/army_board_study_guide_topics/military_jus).

In other words, if you are convicted of domestic violence, you become pretty worthless to the Military, as you aren't allowed, under Federal law, to carry a weapon.

Yes, I know you weren't "convicted" of domestic violence (if you were, we wouldn't be talking about "waivers," because you simply wouldn't be eligible to enlist). What the Army is currently examining, in this case (whether or not you were "convicted" or not,) is whether or not the available evidence shows that you actually committed the offense, or not.

Because, if the available evidence (police reports, etc.,) show there is a good chance that you did, indeed commit the offense of domestic violence, regardless of whether or not you were convicted of the offense, there is a good chance that you might commit the same offense in the future (most studies have shown that those who abuse their spouse will do so in the future), and that would make you worthless to the Army, as you would not be allowed to carry weapons.

No way to tell whether or not a waiver would be considered. Each and every waiver request is evaluated individually, using individual factors. There is no "go/no go" list on any waiver request.

For additional information about the United States Military, feel free to visit my U.S. Military Information Site at: http://usmilitary.about.com.

Hope this helps!

Rod Powers
http://usmilitary.about.com

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

QUESTION: ok Thanks Mr. Powers  my recruiter sent in my waiver but didnt send in a police report for the spousal abuse  he said it wasnt that serious the pictures should be in the police report should i ask him to send it in i didnt hit her the d.a. took a look at pictures and said there was a lack of evidence Is there anything i can do or that you recommend?? I dont have anything that stops me from owning a gun my recruiter believes this isnt a big deal that my waiver will go through but now im not so sure any advice would be welcomed thanks for your help.

Answer
Hi,

Okay, as you weren't *convicted* of domestic violence, the Lautenberg Amendment isn't a factor.

However, as part of your enlistment paperwork, you were required to sign documents in which you list all *arrests* and convictions. Failing to do so, could result in an involuntary discharge for "fraudulent enlistment" at a future time, if the Army finds out about it (see my article at: http://usmilitary.about.com/cs/joiningup/a/falsestatements.htm.

So, your recruiter doesn't think it's a big deal? Cool. Request that your recruiter put in writing, "I advised this applicant not to disclose a previous arrest (which didn't result in a conviction) for domestic violence on his enlistment documents because I personally believe it's not a 'big deal.'"

I'll bet almost anything that your recruiter will refuse to sign such a statement. Ask yourself "why?" The answer is because your recruiter knows that failure to disclose this information is a crime, and he/she would rather you "take the fall" for any such offense, if it's later discovered.

For more information about the United States Military, feel free to visit my U.S. Military Information Site at: http://usmilitary.about.com. Hope this helps!

Rod Powers
http://usmilitary.about.com