Waiver and Nonwaiver Enlistment Criteria
Waiver and Nonwaiver Disqualifications
This section contains waiver and nonwaiver enlistment criteria and prescribes procedures to initiate and process a
request for waiver to meet basic enlistment qualifications.
4–2. Moral and administrative disqualifications
a. Commanders at all levels determine if waiver requests warrant favorable consideration through—
(4) Gathering proper documents and waiver request information.
b. Recruiters do not have the authority to disapprove a waiver request or to refuse to forward an applicant’s request.
c. Applicants who do not meet established enlistment standards are not eligible for enlistment unless a waiver is
authorized. Commanders cited in this regulation have the authority to approve waivers as appropriate. The burden is on
the applicant to prove to waiver authorities that he or she has overcome their disqualifications for enlistment and that
their acceptance would be in the best interests of the Army. Waiver authorities will apply the “whole person” concept
when considering waiver applications.
d. Applicants having tattoos will be screened in accordance with AR 670–1.
e. Suitability will be determined by the following:
(1) Applicants with a criminal history (regardless of disposition) or questionable moral character, but because of
dismissed charges, plea bargains, or release without prosecution, must have a suitability review for determination of
enlistment. Reviewer will determine if a personal interview with the applicant is required, and, if so, may be
accomplished telephonically. Approval will be annotated on the DD Form 1966 remarks section with a review date,
name and title of reviewer.
(a) Suitability review will be conducted on the following charges prior to any moral waiver processing on all
applicants (the appropriate review level is also noted):
1. One or more serious offense, regardless of disposition (Recruiting Company Leadership Team or equivalent
member of the ARNG).
2. Six or more minor traffic convictions where the fine was $250 or more per offense (Recruiting Company
Leadership Team or equivalent member of the ARNG).
3. Five or more minor non-traffic charges (Recruiting Company Leadership Team or equivalent member of the
4. Two or more misdemeanor charges (Recruiting Battalion Leadership Team or equivalent member of the ARNG).
5. Combination of four or more minor non-traffic or misdemeanor charges (Recruiting Battalion Leadership Team or
equivalent member of the ARNG).
6. One serious criminal misconduct charge, regardless of disposition (Recruiting Battalion Leadership Team).
7. Any offenses requiring a suitability review and the appropriate approval level are set out in paragraph 4–11.
Domestic battery/violence charge, includes but is not limited to, charge(s) of domestic violence, assault, simple assault,
assault and battery, battery, assault with the intent to commit bodily harm, assault on a person, or abuse by an applicant
against his/her parent, step-parent, sister, or brother, regardless of disposition. Recruiting Battalion Leadership Team
will forward all such cases to USAREC Waivers or DARNG for review if determined that they fall under the
8. Domestic battery/violence charge as defined under Lautenberg law, regardless of disposition (see definition in
paragraph 4–7f) (CG, USAREC or DARNG).
9. When it is reported (either by visual sighting or annotated on the DD 2807/2808) through a tattoo, behavior,
verbal or written communication, appearance, or gestures that an individual is or may be involved with an extremist
organization, group, or gang, the following procedures will be used to determine eligibility:
a. The commander must ensure from a series of direct and indirect questions that the applicant is in fact given fair
assessment and determination without personal bias or predetermined outcome.
AR 601–210 • 7 June 2007 31
b. A person who admits to or is determined to have been associated with or in a gang linked to criminal or extremist
activity will be questioned concerning the involvement. The fact that a person has been in a gang may not be grounds
for disqualification. The whole person concept must be applied. Criminal background, commander interview, and
potential for meeting Army standards must be reviewed.
(b) Court documents are required for misdemeanor, serious offenses, and serious criminal misconduct charges.
(2) Any applicant who is denied enlistment because of questionable moral character will have the denial information
forwarded via e-mail to USAREC–G3, RO Waivers or DARNG for member of the ARNG.
f. Applicants enlisting in the DEP/DTP/DS or ARNG who conceal charges that require a waiver will be discharged.
All DEP/ DTP/DS or ARNG applicants discharged under this paragraph will incur a 6-month waiting period from date
of separation orders and require a fraudulent enlistment waiver from the recruiting battalion commander along with any
additional waivers as noted in this chapter. The waiting period is for administrative and evaluation purposes. Any
applicant enlisting in the DEP/DTP/DS or ARNG who conceals charges not requiring a waiver will be reviewed in
accordance with the following:
(1) Applicants enlisting in the DEP (RA or USAR)/DS who conceal a charge or charges that do not require a waiver
or USAREC review can be retained and authorized to ship by the Recruiting Brigade Commander or equivalent ARNG
(2) Discharge authority for DTP or ARNG Soldiers who fraudulently enlist is the same as approval authority
authorized to retain USAR or ARNG Soldiers.
(3) The Brigade Commander (may be delegated to Brigade DCO) may grant an exception to retain in the DEP a
future Solider who requires a waiver as a result of unintentionally concealed information. The term “unintentional” is
used to allow those cases in which an error or the FS admitted to charges but may have not used the technically correct
term, or there were “stacked” charges (related to and part of the same offense) that was omitted unintentionally. This
authority does not include any excuse such as “it was expunged, dismissed, dropped, my lawyer told me not to reveal
or a judge told me I had no record”, these excuses are not valid in that USAREC will require each applicant to
acknowledge that they were not told to conceal charges for these reasons, and the applicant will both in writing and
verbally acknowledge they have not withheld any information based on these reasons. The Brigade Commander or
DCO will determine if the applicant intentionally concealed information and if that determination is affirmative, then
discharge must occur.