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Old 12-16-2013, 10:01 PM
 
98 posts, read 685,522 times
Reputation: 46

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So I've a dismissed domestic violence case dropped to disorderly conduct back in 2004. How long will it take to receive an answer?

The disorderly conduct case was also dropped/archived as I gave apologies voluntarily (not ordered by the court/judge) ..so might not be bad to read your opinion whether this will get approved in a few days/weeks or 6 months like I've heard.

Other than the above a restraining order back in 2010 that lasted for 3 months. I'll do my MEPS physical so wondering how much time will I need to wait before I ship to BCT..I might as well start/finish 3-6 more credits before I ship to BCT.

Thoughts?! Very appreciated as always!
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Old 12-16-2013, 10:09 PM
 
Location: Hard aground in the Sonoran Desert
4,866 posts, read 11,224,111 times
Reputation: 7128
You had a previous restraining order for a different event and also had this dismissed domestic violence case that was "dropped" to a disorderly conduct?

From my experience (14 years as a Recruiting Supervisor for the Navy) your odds are not very good. Since the domestic violence was adjudicated (by letting you plead to a lesser charge) and not dismissed it is going to be looked at in a negative light. Now add the restraining order and it gets worse from there.

With the Army needing to get rid of people now I would think they would move on to someone with less "issues".

I may be wrong, the Army has amazed me in the past with who they could get waivers for.
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Old 12-16-2013, 11:45 PM
 
Location: Florida
3,398 posts, read 6,082,768 times
Reputation: 10282
Quote:
Originally Posted by LBTRS View Post
I may be wrong, the Army has amazed me in the past with who they could get waivers for.
Yep as was the case when Iraq and Afghanistan were going heavy.

But now, we're trying to get rid of people. There are OSB's, Officer Separation Boards, going on that will dismiss good Soldiers, men and women who have served our country on multiple combat tours that do not have the baggage that the OP has.

For our sake, I hope you are turned away. You already display a know it all attitude and as an LT in the Army, that is a great recipe for disaster.
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Old 12-17-2013, 03:49 AM
 
98 posts, read 685,522 times
Reputation: 46
Quote:
Originally Posted by Army_Guy View Post
Yep as was the case when Iraq and Afghanistan were going heavy.

But now, we're trying to get rid of people. There are OSB's, Officer Separation Boards, going on that will dismiss good Soldiers, men and women who have served our country on multiple combat tours that do not have the baggage that the OP has.

For our sake, I hope you are turned away. You already display a know it all attitude and as an LT in the Army, that is a great recipe for disaster.
Wow, now that's interesting My brother I honestly can't remember anyone saying that about my attitude ever right now as I am quite humble and most of the things I do at this cool forum is ask smart questions, just like the ones above. Lots of them as you might agree. I've been dropping pounds like crazy since July 28th to finally start a new 12D/68W/12C/12B National Guard challenge to finally contract with ROTC at my age of 31. All I've done here is get acquainted a bit with experienced/knowledgeable folks here.

Viewing this objectively, asking question for you could be displaying a know it all attitude? Only thing that comes close with a quick review of my questions and updates was being a better soldier by being prior service as SMP upon contracting with ROTC, and that's logical. Other then that, if you can be objective about as well, please feel free to tell me why I have a know it all attitude when all I do here is ask questions and reciprocate back to others when things need to be in a respectful way.

As far as being a baggage, could be for my recruiter but neither Reserves or National Guard has turned me down and are highly enthusiastic in P.R about getting me in even with my history. Just not sure how a guy who might and could very likely commission with 2 masters degree in the next 2 years, is a great candidate thanks to the ASVAB for 12D/68W(recruiter says) is fully bilingual (Spanish/English) and from a scale from 1-10 rates himself a 5 in Italian be a baggage.

Don't tune me out dude, what's up..it's a new great morning! Just wondering what happened there
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Old 12-17-2013, 04:14 AM
 
98 posts, read 685,522 times
Reputation: 46
Quote:
Originally Posted by LBTRS View Post
You had a previous restraining order for a different event and also had this dismissed domestic violence case that was "dropped" to a disorderly conduct?

From my experience (14 years as a Recruiting Supervisor for the Navy) your odds are not very good. Since the domestic violence was adjudicated (by letting you plead to a lesser charge) and not dismissed it is going to be looked at in a negative light. Now add the restraining order and it gets worse from there.

With the Army needing to get rid of people now I would think they would move on to someone with less "issues".

I may be wrong, the Army has amazed me in the past with who they could get waivers for.
Thanks for the starting input. Honestly as always, it was the other way around. The domestic violence case got dismissed immediately in the first court day by the judge, I never talked, the plaintiff was given the statement to the judge and the judge within the first 3 minutes of hearing her moved the case to a disorderly conduct case. Next court day scheduled, the plaintiff said they didn't want to pursue further charges because my ex wasn't interested. That as requested by the plaintiff, that as long as I promise not become in contact and apologized to my ex for any wrong doings, the "disorderly conduct" new case will be dropped and archived. That was it.

The only thing wrong I honestly did, was send her to hell for spending over $1,100 in my credit card and few days later dumping her. Since I was quite happy as usual she wanted vengeance for dumping her in my opinion, I got nailed and she never got $1 for the civil suit for the domestic violence psychological jiba jabba she initially wanted to get.

6 years after, yes, restraining order against a new girl. My last ex knew about my previous domestic violence filing and since we were passing through bad moments, I wanted out of relationship, I went to her work, a police officer saw the altercation we were having on her break and according to the police officer, I abused her psychologically by telling her to pick out her stuff in the next 48hrs as I couldn't take it anymore. She started crying, I got screwed even if she didn't wanted me arrested, thanks to a police officer overhearing our conversation. No charges, nothing there, just an expire restraining order. Such is life, lots of experience, a few bad judgments in women from the 9 I have had good loving relationships as a 31 years old dude.

This sounds like a troll already and it's early morning..morning coffee. What do you think as a recruiter LBTRS? Objectively, am I that big of a baggage for a National Guard critical MOS?

Poured down the truth here, if it still looks bad I'll accept your experienced opinion for sure. Would be great reading from your latest assessment from this last follow up on my end.

Thanks and good morning to ya!
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Old 12-17-2013, 05:44 AM
 
Location: Richmond, VA
5,047 posts, read 6,348,063 times
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FYI: The Army doesn't consider 'null prosequi', or diversion agreement, charges as immaterial; the only way out of an arrest/charge waiver is to be actually not guilty. You might be okay, but it really depends on how the charges were formally treated by the court. You're doing the right thing getting it out: even worse than a waiver for recruiting or security clearance is for someone to uh, 'forget' something and have the Army find out later.

I can't count the number of guys I dealt with who thought their drunk in public charge was immaterial because it was 'expunged' or 'dropped' due to a diversion agreement, but in fact, required a waiver (or they had other baggage and I sent them packing) because a diversion agreement is an alternative disposition, not being 'actually not guilty.'
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Old 12-17-2013, 08:26 AM
 
Location: Hard aground in the Sonoran Desert
4,866 posts, read 11,224,111 times
Reputation: 7128
Joaco,

I know it may not seem like a big deal to you and you have a story that explains these events to your satisfaction, however, it isn't going to be so easy once you present yourself for enlistment. To be honest with you, if you came into my office, I wouldn't waste but the five minutes I needed to uncover this information and they would tell you "sorry there is nothing I can do for you" and wish you luck as I escorted you out of the office.

The only way these events would not be used to evaluate you for enlistment is if you were found not guilt or they were dismissed. Having the charges reduced to something else doesn't make them go away, they will still be used as a detractor against you when your waiver is considered.

As I said, I was a Navy Recruiting Supervisor and the Army is normally more lenient with their waivers so you may have a chance. I'm concerned with the downsizing that they have raised their quality level like the Navy did and it will be even harder to get a waiver now.

We can only guess on this forum...you need to quit screwing around with us and go deal with a Recruiter that is willing to put in the time and effort to get you a waiver. I will say, between this and the knee issue from another thread, you'd be way past my threshold of people I would be willing to spend my time on.

Again, good luck.
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Old 12-17-2013, 06:03 PM
 
98 posts, read 685,522 times
Reputation: 46
Thumbs up Good tips for sure..thx

Quote:
Originally Posted by LBTRS View Post
Joaco,

I know it may not seem like a big deal to you and you have a story that explains these events to your satisfaction, however, it isn't going to be so easy once you present yourself for enlistment. To be honest with you, if you came into my office, I wouldn't waste but the five minutes I needed to uncover this information and they would tell you "sorry there is nothing I can do for you" and wish you luck as I escorted you out of the office.

The only way these events would not be used to evaluate you for enlistment is if you were found not guilt or they were dismissed. Having the charges reduced to something else doesn't make them go away, they will still be used as a detractor against you when your waiver is considered.

As I said, I was a Navy Recruiting Supervisor and the Army is normally more lenient with their waivers so you may have a chance. I'm concerned with the downsizing that they have raised their quality level like the Navy did and it will be even harder to get a waiver now.

We can only guess on this forum...you need to quit screwing around with us and go deal with a Recruiter that is willing to put in the time and effort to get you a waiver. I will say, between this and the knee issue from another thread, you'd be way past my threshold of people I would be willing to spend my time on.

Again, good luck.
Guessing smartly it'll be for sure. Many golden nuggets extracted from experienced fellows here,
great to read countless years of advice in a printed version here Makes totally sense when
analyze everything. A problem here or there might mean a permanent % disability check or
potential problems in leadership if past seen as present to just mention a few. I can see why
it's a big concern for any military branch, even if I am confident everything should go well and physically
competitive for a likely 6 year term out of the initial 8 if fully in.

On other notes, it seems National Guard and Reserve components also seem to be more lenient for enlistment than active Army/Navy/Air Force. Makes sense if so, as well. On a quick one, recruiting
in Puerto Rico according to recruiters is way more difficult per square mile than ANY US state do
to people's academic preparations here. Sold as given to me twice by different recruiters for what's
worth.

Great reading your experience, new fellows enlisting should spend more time researching like me in forums like this, 48+ pounds out and so ready! Thanks for the good wishes.

Quote:
FYI: The Army doesn't consider 'null prosequi', or diversion agreement, charges as immaterial; the only way out of an arrest/charge waiver is to be actually not guilty. You might be okay, but it really depends on how the charges were formally treated by the court. You're doing the right thing getting it out: even worse than a waiver for recruiting or security clearance is for someone to uh, 'forget' something and have the Army find out later.

I can't count the number of guys I dealt with who thought their drunk in public charge was immaterial because it was 'expunged' or 'dropped' due to a diversion agreement, but in fact, required a waiver (or they had other baggage and I sent them packing) because a diversion agreement is an alternative disposition, not being 'actually not guilty.'
Long term some of us might get surprises as market continues to become more competitive for sure,uff, indeed. Good points taken as well
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Old 12-19-2013, 01:33 PM
 
Location: Northern Virginia
499 posts, read 2,156,861 times
Reputation: 1021
Based upon a recent conversation I had with the last USAREC CSM (he and I served together and remain in touch), they are allowing very, very few waivers. The Army is downsizing and they can be picky right now. A domestic violence charge is not going to be viewed favorably. While it was downgraded, the reason as to why it was downgraded are important. If you had to do something (community service, etc) to have it downgraded, it will still be processed as a domestic violence charge.

Waivers can be approved/disapproved in a day. In fact, they can be adjudicated in an hour. Is that common? Nope. But a waiver is going to be adjudicated within the recruiting contract month.

Here's my recommendation, ask these questions to your Recruiter and not to folks on a message board. Your Recruiter is going to give you real time information based upon current rules. What cannot be waived today may very well be waived tomorrow. Rules can (and will) change daily in Army recruiting.
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