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Old 08-04-2011, 12:19   #1
Ehre
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Banned from enlistment

I am so devastated right now and not sure where to start. I just found out this morning from my recruiter that during the FBI background check for me to go active duty from the guard they found a D.U.I from my past and they want to ban me from enlistment. The recruiter says he did his background research on my D.U.I and how it was amended and is now disputing there intended action with his command. He says he will let me know by tonight if the Army is going to discharge me or give me a waiver. The only issue is if they were to give me a waiver I am pretty much screwed because I am prior service and they are not taking prior service with waivers right now. I was hoping one of you might be able to give me some insight on my options. Is it possible for me to contact and active duty official who might help me go around my waiver being prior services? Any advice is well appreciated and thank you for your time.


Matt
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Old 08-04-2011, 12:39   #2
Dusty
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1. Tell them you're gay.

2. Tell them the last Commander in Chief had a DUI.

3. Tell them the Marines will be glad to have you.
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Old 08-04-2011, 13:13   #3
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1. Tell them you're gay.

2. Tell them the last Commander in Chief had a DUI.

3. Tell them the Marines will be glad to have you.
Don't forget to add that you voted for Obama to..

J/K, Don't know the current regs, but ith the economy the way it is....even the military can be picky these days...
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Old 08-04-2011, 13:16   #4
Cake_14N
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Has your paperwork actually left the recruiting office and been sent to OPM or was this event discovered during the local agency check done by the local MP/Security forces?

If it was discovered locally, you have a better chance to ammend your paperwork to include full disclosure.

The real issue here is more likely the fact that the DUI was not disclosed by you, but "discovered" during the investigation. Go back to your SF-86 and take a really hard look at those questions regarding alcohol. Did they ask if you had EVER had an alcohol related incident or did it ask in the past 7 years have you had an incident?

You did not make your DUI known to the investigators so it looks like you were trying to hide it. This brings into question what additional things could you be hiding and what vulnerabilities does this bring forth? Can you be trusted with information that if disclosed could cause damage to the USA?

Critical point here is that DoD is looking for every possible way to down-size. Not answering questions on a security clearance application 100% truthfully and disclosing 100% of the information needed is a sure-fire ticket to the outprocessing line.

I personally have a bankruptcy, terrible divorce with numerous false-accusations from the ex, restraining orders from the ex, and NJP in my records just to name a few issues. Point is, I disclosed every single detail about these events in advance on my paperwork for my clearance. I also was able to provide written documentation of each event to the investigator. It was painful, but I have been successfully granted my TS/SCI with multiple caveats on 2 successive re-investigations. My full disclosure of my past mitigated the possibility that any of that information could be used as leverage against me to provide information or resources to an opponent.
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Old 08-04-2011, 13:23   #5
Jefe
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Option

Try the National Guard. Bet you can get around it with
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Old 08-04-2011, 15:13   #6
Ehre
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I made sure that they knew that I had a D.U.I, but it was amended. Once, they did a background check it should up as having a D.U.I and Careless Operation of a Motor Vehicle. I'm guessing that since the D.U.I wasn't expunged that it was just amended doesn't matter. I even had the court papers showing where the charges where dropped. So, I guess my question would be is even if you have the proper documents to back you up why would what shows up on the background check be the deciding factor. I've done a tour in Iraq, I've never had one negative counseling statement, and I've been awarded multiple awards including an ARCOM w/ V device.
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Old 08-04-2011, 17:35   #7
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I made sure that they knew that I had a D.U.I, but it was amended. Once, they did a background check it should up as having a D.U.I and Careless Operation of a Motor Vehicle. I'm guessing that since the D.U.I wasn't expunged that it was just amended doesn't matter. I even had the court papers showing where the charges where dropped. So, I guess my question would be is even if you have the proper documents to back you up why would what shows up on the background check be the deciding factor. I've done a tour in Iraq, I've never had one negative counseling statement, and I've been awarded multiple awards including an ARCOM w/ V device.
Sorry to hear that.

At the same time, our actions have consequences.

Best of luck.

TR
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Old 08-05-2011, 06:43   #8
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1) Move to "another" country
2) Sneak back over here "undocumented"
3) Enlist. Shouldn't be a problem.
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Old 08-05-2011, 08:43   #9
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I've done a tour in Iraq, I've never had one negative counseling statement, and I've been awarded multiple awards including an ARCOM w/ V device.
And if you had gotten a DUI while still in service, you would be facing a General Letter of Reprimand and Bar to Reenlist , even if your command was falling on their swords for you. TR said it right.........

Best of Luck..........
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Old 08-05-2011, 09:00   #10
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Ehre,

Parlez vous Francais?

Hope it works out for you but if it doesn't you can always try the French Foreign Legion, they are always hiring and could probably care less about a DUI.

Bonne chance...

Last edited by mojaveman; 08-05-2011 at 09:05.
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Old 08-05-2011, 10:33   #11
Ehre
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I never got a D.U.I while I was in service. This charge was from when I was in high school and was to be expunged.
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Old 08-05-2011, 10:37   #12
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Quote:
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I never got a D.U.I while I was in service. This charge was from when I was in high school and was to be expunged.
Then you should probably be speaking to a lawyer before attempting to find a way to "contact an active duty official who might help me go around my waiver being prior service."

I don't know if you've noticed or not...but you're not getting a lot of sympathy here. Probably because you're trying to find a way "around" the system rather than a way to navigate through it.
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Old 08-05-2011, 11:21   #13
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Quote:
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I never got a D.U.I while I was in service. This charge was from when I was in high school and was to be expunged.
If you don't have any attachments here, consider the French Foreign Legion.
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Old 08-05-2011, 12:51   #14
Ehre
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Hey, just wanted to let you guys know that I've found a solution. I'm sorry if some of you may have misconstrued my intentions. I wasn't looking for any sympathy regarding my situation merely looking for some insight. I do appreciate everyones' thoughts and opinions on the matter though.

Thanks,
Matt
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Old 08-05-2011, 14:12   #15
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Good luck to you. Let us know how it works out.
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