§ 66.7 Enlistment waivers.

(a)

Waiver requirements.

In accomplishing whole person reviews of enlistment eligibility, the following categories and combinations of categories would require a favorable waiver determination by the Secretary of the Military Department concerned for the applicant to be considered qualified. The waiver procedure is not automatic, and approval is based on each individual case.

(1)

Medical waiver.

A medical waiver is required for enlistment qualification of an applicant who has or may have had a disqualifying medical condition in accordance with DoD Instruction 6130.03.

(2)

Dependent waiver.

A dependent waiver is required when an applicant is married with more than two dependents under the age of 18 or when an applicant is unmarried and has custody of any dependents under the age of 18.

(3)

Conduct waiver.

In processing conduct waiver requests, the Military Services will require information about the “who, what, when, where, and why” of the offense in question; and letters of recommendation from responsible community leaders, such as school officials, clergy, and law enforcement officials, attesting to the applicant's character or suitability for enlistment. Waivers are not authorized for cases noted in § 66.6(b)(8)(iii).

(i) A Conduct Waiver is required when the final finding of the courts or other adjudicating authority is a conviction or other adverse adjudication of:

(A) One “major misconduct” offense, or;

(B) Two “misconduct” offenses, or;

(C) A pattern of misconduct.

(

1

) One “misconduct” offense and four “non-traffic” offenses.

(

2

) Five or more “non-traffic” offenses.

(ii) Use the Table of this section to determine the appropriate level of offense and applicable code. See paragraph (b) of this section for additional guidance.

her adverse adjudication of:

(A) One “major misconduct” offense, or;

(B) Two “misconduct” offenses, or;

(C) A pattern of misconduct.

(

1

) One “misconduct” offense and four “non-traffic” offenses.

(

2

) Five or more “non-traffic” offenses.

(ii) Use the Table of this section to determine the appropriate level of offense and applicable code. See paragraph (b) of this section for additional guidance.

(4)

Drug waiver.

A drug waiver is required when an applicant or enlistee is confirmed positive for the presence of drugs at the time of the original or subsequent physical examination (

i.e.,

tests positive on the DAT at a MEPS or equivalent facility). Drug waivers for these applicants may be considered and granted or rejected only after the disqualification period established in section 6 of Enclosure 7 of DoD Instruction 1010.16, “Technical Procedures for the Military Personnel Drug Abuse Testing Program (MPDATP)” (available at

http://www.dtic.mil/whs/directives/corres/pdf/101016p.pdf

) ends.

(b)

Classifying conduct offenses.

The procedures that will be used in the classifying and coding of all conduct offenses are:

(1)

Initial classification.

Align the offense that is the subject of adverse adjudication with an offense from the Table of this section. As an exception, any offense classified as a felony under the appropriate State or federal jurisdiction will be treated as a major misconduct offense for DoD purposes regardless of where similar charges are listed.

(2)

Non-similar offenses.

If unable to find a similar charge, the Military Services will:

nse that is the subject of adverse adjudication with an offense from the Table of this section. As an exception, any offense classified as a felony under the appropriate State or federal jurisdiction will be treated as a major misconduct offense for DoD purposes regardless of where similar charges are listed.

(2)

Non-similar offenses.

If unable to find a similar charge, the Military Services will:

(i) Treat the offense as a major misconduct offense if the adjudicating authority can impose a maximum period of confinement that exceeds 1 year.

(ii) Treat the offense as a misconduct offense if the adjudicating authority can impose a maximum period of confinement that exceeds 6 months but is not more than 1 year.

(iii) Treat all other offenses as either other non-traffic offenses or traffic offenses, depending on the nature of the offense.

Table to § 66.7—Conduct Waiver Codes

Offense code

Offense title

TRAFFIC OFFENSES

100

Bicycle ordinance violation.

101

Blocking or retarding traffic.

102

Contempt of court for minor traffic offenses.

103

Crossing yellow line; driving left of center.

104

Disobeying traffic lights, signs, or signals.

105

Driving on shoulder.

106

Driving uninsured vehicle.

107

Driving with blocked vision and/or tinted window.

108

Driving with expired plates or without plates.

109

Driving with suspended or revoked license.

110

Driving without license.

111

Driving without registration or with improper registration.

112

Driving wrong way on one-way street.

113

Failure to appear for traffic violations.

114

Failure to comply with officer's directive.

115

Failure to have vehicle under control.

116

Failure to signal.

117

Failure to stop or yield to pedestrian.

118

Failure to submit report after accident.

119

Failure to yield right-of-way.

120

Faulty equipment such as defective exhaust, horn, lights, mirror, muffler, signal device, steering device, tail pipe, or windshield wipers.

121

Following too closely.

122

Hitchhiking

th officer's directive.

115

Failure to have vehicle under control.

116

Failure to signal.

117

Failure to stop or yield to pedestrian.

118

Failure to submit report after accident.

119

Failure to yield right-of-way.

120

Faulty equipment such as defective exhaust, horn, lights, mirror, muffler, signal device, steering device, tail pipe, or windshield wipers.

121

Following too closely.

122

Hitchhiking.

123

Improper backing such as backing into intersection or highway, backing on expressway, or backing over crosswalk.

124

Improper blowing of horn.

125

Improper passing such as passing on right, passing in no-passing zone, passing stopped school bus, or passing pedestrian in crosswalk.

126

Improper turn.

127

Invalid or unofficial inspection sticker or failure to display inspection sticker.

128

Jaywalking.

129

Leaving key in ignition.

130

Leaving scene of accident (when not considered hit and run).

131

License plates improperly displayed or not displayed.

132

Operating overloaded vehicle.

133

Racing, dragging, or contest for speed.

134

Reckless, careless, or imprudent driving (considered a traffic offense when the fine is less than $300 and there is no confinement). Court costs are not part of a fine.

135

Reserved for future use.

136

Seat belt and/or child restraint violation.

137

Skateboard, roller skate, or inline skate violation.

138

Speeding.

139

Spilling load on highway.

140

Spinning wheels, improper start, zigzagging, or weaving in traffic.

141

Violation of noise control ordinance.

142

Other traffic offenses not specifically listed.

143

Reserved for future use.

144

Reserved for future use.

NON-TRAFFIC OFFENSES

200

Altered driver's license or identification.

201

Assault (simple assault with fine or restitution of $500 or less and no confinement).

202

Carrying concealed weapon (other than firearm); possession of brass knuckles.

203

Check, worthless, making or uttering, with intent to defraud or deceive (less than $500).

204

Committing a nuisance.

205

Conspiring to commit misdemeanor.

206

Curfew violation

200

Altered driver's license or identification.

201

Assault (simple assault with fine or restitution of $500 or less and no confinement).

202

Carrying concealed weapon (other than firearm); possession of brass knuckles.

203

Check, worthless, making or uttering, with intent to defraud or deceive (less than $500).

204

Committing a nuisance.

205

Conspiring to commit misdemeanor.

206

Curfew violation.

207

Damaging road signs.

208

Discharging firearm through carelessness or within municipal limits.

209

Disobeying summons; failure to appear (other than traffic).

210

Disorderly conduct; creating disturbance; boisterous conduct.

211

Disturbing the peace.

212

Drinking alcoholic beverages on public transportation.

213

Drunk in public.

214

Dumping refuse near highway.

215

Failure to appear, contempt of court (all offenses except felony proceedings).

216

Failure to appear, contempt of court (felony proceedings).

217

Failure to stop and render aid after accident.

218

Fare and/or toll evasion.

219

Harassment, menacing, or stalking.

220

Illegal betting or gambling; operating illegal handbook, raffle, lottery, or punchboard; cockfighting.

221

Indecent exposure.

222

Indecent, insulting, or obscene language communicated directly or by telephone to another person.

223

Jumping turnstile (to include those States that adjudicate jumping a turnstile as petty larceny).

224

Juvenile adjudications such as beyond parental control, incorrigible, runaway, truant, or wayward.

225

Killing a domestic animal.

226

Littering.

227

Loitering.

228

Malicious mischief (fine or restitution of $500 or less and no confinement).

229

Pandering.

230

Poaching.

231

Purchase, possession, or consumption of alcoholic beverages or tobacco products by minor.

232

Removing property from public grounds.

233

Removing property under lien.

234

Robbing an orchard.

235

Shooting from highway.

236

Throwing glass or other material in roadway.

237

Trespass (non-criminal or simple).

238

Unlawful assembly

on of $500 or less and no confinement).

229

Pandering.

230

Poaching.

231

Purchase, possession, or consumption of alcoholic beverages or tobacco products by minor.

232

Removing property from public grounds.

233

Removing property under lien.

234

Robbing an orchard.

235

Shooting from highway.

236

Throwing glass or other material in roadway.

237

Trespass (non-criminal or simple).

238

Unlawful assembly.

239

Unlawful manufacture, sale, possession, or consumption of liquor in public place.

240

Unlawful use of long-distance telephone calling card.

241

Using or wearing unlawful emblem and/or identification.

242

Vagrancy.

243

Vandalism (fine or restitution of $500 or less and no confinement).

244

Violation of fireworks laws.

245

Violation of fish and game laws.

246

Violation of leash laws.

247

Violation of probation.

248

Other non-traffic offenses not specifically listed.

249

Reserved for future use.

MISCONDUCT OFFENSES

300

Aggravated assault, fighting, or battery (more than $500 fine or restitution or confinement).

301

Carrying of weapon on school grounds (other than firearm).

302

Concealment of or failure to report a felony.

303

Contributing to delinquency of minor.

304

Crimes against the family (non-payment of court-ordered child support and/or alimony).

305

Criminal mischief (more than $500 fine or restitution or confinement).

306

Criminal trespass.

307

Desecration of grave.

308

Domestic battery and/or violence not considered covered by 18 U.S.C. 922, referred to in this issuance as the “Lautenberg Amendment”).

309

Driving while drugged or intoxicated; driving while ability impaired; permitting driving under the influence.

310

Illegal or fraudulent use of a credit card or bank card (value less than $500).

311

Larceny or conversion (value less than $500).

312

Leaving scene of an accident or hit and run.

313

Looting.

314

Mailbox destruction.

315

Mailing of obscene or indecent matter (including e-mail).

316

Possession of marijuana or drug paraphernalia.

317

Prostitution or solicitation for prostitution

r the influence.

310

Illegal or fraudulent use of a credit card or bank card (value less than $500).

311

Larceny or conversion (value less than $500).

312

Leaving scene of an accident or hit and run.

313

Looting.

314

Mailbox destruction.

315

Mailing of obscene or indecent matter (including e-mail).

316

Possession of marijuana or drug paraphernalia.

317

Prostitution or solicitation for prostitution.

318

Reckless, careless, or imprudent driving (considered a misdemeanor when the fine is $300 or more or when confinement is imposed; otherwise, considered a minor traffic offense).

319

Reckless endangerment.

320

Resisting arrest or eluding police.

321

Selling or leasing weapons.

322

Stolen property, knowingly receiving (value less than $500).

323

Throwing rocks on a highway; throwing missiles at sporting events; throwing objects at vehicles.

324

Unauthorized use or taking of a vehicle or conveyance from family member; joy riding.

325

Unlawful carrying of firearms or carrying concealed firearm.

326

Unlawful entry.

327

Use of telephone, Internet, or other electronic means to abuse, annoy, harass, threaten, or torment another.

328

Vandalism (more than $500 fine or restitution or confinement).

329

Willfully discharging firearm so as to endanger life; shooting in public.

330

Other misconduct offenses not specifically listed.

331

Reserved for future use.

332

Reserved for future use.

MAJOR MISCONDUCT OFFENSES

400

Aggravated assault; assault with dangerous weapon; maiming.

401

Arson.

402

Attempt to commit a felony.

403

Breaking and entering with intent to commit a felony.

404

Bribery.

405

Burglary.

406

Carjacking.

407

Carnal knowledge of a child.

408

Carrying of weapon on school grounds (firearm).

409

Check, worthless, making or uttering, with intent to defraud or deceive (over $500).

410

Child abuse.

411

Child pornography.

412

Conspiring to commit a felony.

413

Criminal libel.

414

Domestic battery and/or violence as defined in the Lautenberg Amendment

it a felony.

404

Bribery.

405

Burglary.

406

Carjacking.

407

Carnal knowledge of a child.

408

Carrying of weapon on school grounds (firearm).

409

Check, worthless, making or uttering, with intent to defraud or deceive (over $500).

410

Child abuse.

411

Child pornography.

412

Conspiring to commit a felony.

413

Criminal libel.

414

Domestic battery and/or violence as defined in the Lautenberg Amendment. (Waiver not authorized if applicant was convicted of this offense.)

415

Embezzlement.

416

Extortion.

417

Forgery, knowingly uttering or passing forged instrument (except for altered identification cards).

418

Grand larceny or larceny (value of $500 or more).

419

Grand theft auto.

420

Hate crimes.

421

Illegal and/or fraudulent use of a credit card, bank card, or automated card (value of $500 or more).

422

Indecent acts or liberties with a child; molestation.

423

Indecent assault.

424

Kidnapping or abduction.

425

Mail matter; abstracting, destroying, obstructing, opening, secreting, stealing, or taking (not including the destruction of mailboxes).

426

Manslaughter.

427

Murder.

428

Narcotics or habit-forming drugs, wrongful possession or use (not including marijuana).

429

Negligent or vehicular homicide.

430

Perjury or subornation of perjury.

431

Possession or intent to use materials in a manner to make a bomb or explosive device to cause bodily harm or destruction of property.

432

Public record; altering, concealing, destroying, mutilating, obligation, or removing.

433

Rape, sexual abuse, sexual assault, criminal sexual abuse, incest, or other sex crimes. (See paragraph (b)(8)(iii) of § 66.6 of this part; waivers for these offenses are not authorized.)

434

Riot.

435

Robbery (including armed).

436

Sale, distribution, or trafficking of cannabis (marijuana) or any other controlled substance (including intent).

437

Sodomy (only when it is nonconsensual or involves a minor).

438

Stolen property, knowingly received (value of $500 or more).

439

Terrorist threats (including bomb threats).

440

Violation of civil rights

these offenses are not authorized.)

434

Riot.

435

Robbery (including armed).

436

Sale, distribution, or trafficking of cannabis (marijuana) or any other controlled substance (including intent).

437

Sodomy (only when it is nonconsensual or involves a minor).

438

Stolen property, knowingly received (value of $500 or more).

439

Terrorist threats (including bomb threats).

440

Violation of civil rights.

441

Other major misconduct offenses not specifically listed.

442

Reserved for future use.

443

Reserved for future use.

[80 FR 16270, Mar. 27, 2015, as amended at 81 FR 64063, Sept. 19, 2016]