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e-CFR data is current as of July 2, 2020

Title 32Subtitle AChapter ISubchapter DPart 66 → §66.7

Title 32: National Defense

§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.

(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:

(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 codeOffense title
100Bicycle ordinance violation.
101Blocking or retarding traffic.
102Contempt of court for minor traffic offenses.
103Crossing yellow line; driving left of center.
104Disobeying traffic lights, signs, or signals.
105Driving on shoulder.
106Driving uninsured vehicle.
107Driving with blocked vision and/or tinted window.
108Driving with expired plates or without plates.
109Driving with suspended or revoked license.
110Driving without license.
111Driving without registration or with improper registration.
112Driving wrong way on one-way street.
113Failure to appear for traffic violations.
114Failure to comply with officer's directive.
115Failure to have vehicle under control.
116Failure to signal.
117Failure to stop or yield to pedestrian.
118Failure to submit report after accident.
119Failure to yield right-of-way.
120Faulty equipment such as defective exhaust, horn, lights, mirror, muffler, signal device, steering device, tail pipe, or windshield wipers.
121Following too closely.
123Improper backing such as backing into intersection or highway, backing on expressway, or backing over crosswalk.
124Improper blowing of horn.
125Improper passing such as passing on right, passing in no-passing zone, passing stopped school bus, or passing pedestrian in crosswalk.
126Improper turn.
127Invalid or unofficial inspection sticker or failure to display inspection sticker.
129Leaving key in ignition.
130Leaving scene of accident (when not considered hit and run).
131License plates improperly displayed or not displayed.
132Operating overloaded vehicle.
133Racing, dragging, or contest for speed.
134Reckless, 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.
135Reserved for future use.
136Seat belt and/or child restraint violation.
137Skateboard, roller skate, or inline skate violation.
139Spilling load on highway.
140Spinning wheels, improper start, zigzagging, or weaving in traffic.
141Violation of noise control ordinance.
142Other traffic offenses not specifically listed.
143Reserved for future use.
144Reserved for future use.
200Altered driver's license or identification.
201Assault (simple assault with fine or restitution of $500 or less and no confinement).
202Carrying concealed weapon (other than firearm); possession of brass knuckles.
203Check, worthless, making or uttering, with intent to defraud or deceive (less than $500).
204Committing a nuisance.
205Conspiring to commit misdemeanor.
206Curfew violation.
207Damaging road signs.
208Discharging firearm through carelessness or within municipal limits.
209Disobeying summons; failure to appear (other than traffic).
210Disorderly conduct; creating disturbance; boisterous conduct.
211Disturbing the peace.
212Drinking alcoholic beverages on public transportation.
213Drunk in public.
214Dumping refuse near highway.
215Failure to appear, contempt of court (all offenses except felony proceedings).
216Failure to appear, contempt of court (felony proceedings).
217Failure to stop and render aid after accident.
218Fare and/or toll evasion.
219Harassment, menacing, or stalking.
220Illegal betting or gambling; operating illegal handbook, raffle, lottery, or punchboard; cockfighting.
221Indecent exposure.
222Indecent, insulting, or obscene language communicated directly or by telephone to another person.
223Jumping turnstile (to include those States that adjudicate jumping a turnstile as petty larceny).
224Juvenile adjudications such as beyond parental control, incorrigible, runaway, truant, or wayward.
225Killing a domestic animal.
228Malicious mischief (fine or restitution of $500 or less and no confinement).
231Purchase, possession, or consumption of alcoholic beverages or tobacco products by minor.
232Removing property from public grounds.
233Removing property under lien.
234Robbing an orchard.
235Shooting from highway.
236Throwing glass or other material in roadway.
237Trespass (non-criminal or simple).
238Unlawful assembly.
239Unlawful manufacture, sale, possession, or consumption of liquor in public place.
240Unlawful use of long-distance telephone calling card.
241Using or wearing unlawful emblem and/or identification.
243Vandalism (fine or restitution of $500 or less and no confinement).
244Violation of fireworks laws.
245Violation of fish and game laws.
246Violation of leash laws.
247Violation of probation.
248Other non-traffic offenses not specifically listed.
249Reserved for future use.
300Aggravated assault, fighting, or battery (more than $500 fine or restitution or confinement).
301Carrying of weapon on school grounds (other than firearm).
302Concealment of or failure to report a felony.
303Contributing to delinquency of minor.
304Crimes against the family (non-payment of court-ordered child support and/or alimony).
305Criminal mischief (more than $500 fine or restitution or confinement).
306Criminal trespass.
307Desecration of grave.
308Domestic battery and/or violence not considered covered by 18 U.S.C. 922, referred to in this issuance as the “Lautenberg Amendment”).
309Driving while drugged or intoxicated; driving while ability impaired; permitting driving under the influence.
310Illegal or fraudulent use of a credit card or bank card (value less than $500).
311Larceny or conversion (value less than $500).
312Leaving scene of an accident or hit and run.
314Mailbox destruction.
315Mailing of obscene or indecent matter (including e-mail).
316Possession of marijuana or drug paraphernalia.
317Prostitution or solicitation for prostitution.
318Reckless, 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).
319Reckless endangerment.
320Resisting arrest or eluding police.
321Selling or leasing weapons.
322Stolen property, knowingly receiving (value less than $500).
323Throwing rocks on a highway; throwing missiles at sporting events; throwing objects at vehicles.
324Unauthorized use or taking of a vehicle or conveyance from family member; joy riding.
325Unlawful carrying of firearms or carrying concealed firearm.
326Unlawful entry.
327Use of telephone, Internet, or other electronic means to abuse, annoy, harass, threaten, or torment another.
328Vandalism (more than $500 fine or restitution or confinement).
329Willfully discharging firearm so as to endanger life; shooting in public.
330Other misconduct offenses not specifically listed.
331Reserved for future use.
332Reserved for future use.
400Aggravated assault; assault with dangerous weapon; maiming.
402Attempt to commit a felony.
403Breaking and entering with intent to commit a felony.
407Carnal knowledge of a child.
408Carrying of weapon on school grounds (firearm).
409Check, worthless, making or uttering, with intent to defraud or deceive (over $500).
410Child abuse.
411Child pornography.
412Conspiring to commit a felony.
413Criminal libel.
414Domestic battery and/or violence as defined in the Lautenberg Amendment. (Waiver not authorized if applicant was convicted of this offense.)
417Forgery, knowingly uttering or passing forged instrument (except for altered identification cards).
418Grand larceny or larceny (value of $500 or more).
419Grand theft auto.
420Hate crimes.
421Illegal and/or fraudulent use of a credit card, bank card, or automated card (value of $500 or more).
422Indecent acts or liberties with a child; molestation.
423Indecent assault.
424Kidnapping or abduction.
425Mail matter; abstracting, destroying, obstructing, opening, secreting, stealing, or taking (not including the destruction of mailboxes).
428Narcotics or habit-forming drugs, wrongful possession or use (not including marijuana).
429Negligent or vehicular homicide.
430Perjury or subornation of perjury.
431Possession or intent to use materials in a manner to make a bomb or explosive device to cause bodily harm or destruction of property.
432Public record; altering, concealing, destroying, mutilating, obligation, or removing.
433Rape, 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.)
435Robbery (including armed).
436Sale, distribution, or trafficking of cannabis (marijuana) or any other controlled substance (including intent).
437Sodomy (only when it is nonconsensual or involves a minor).
438Stolen property, knowingly received (value of $500 or more).
439Terrorist threats (including bomb threats).
440Violation of civil rights.
441Other major misconduct offenses not specifically listed.
442Reserved for future use.
443Reserved for future use.

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

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