Waiver / Suitability Authority

Notes

Suspension of Enlistment Waivers
Suitability Review Procedures
NGB Waiver Appeals Process
09S/09R Conduct Waivers
Additional Punishment
Waiting Periods
Waiver Validity Period
Suitability Validity Period
Burden of Proof
Whole Person Concept
Unfavorable Medical Conditions
No Law Violations or Traffic Only
Minor Non-Traffic and Higher
Major Misconducts
DAT Results Required
Self-Admitted Offenses
Multiple Waivers
ASO Training Slides
SMOM 17-057 / SMOM 18-043 / AD 2018-12
SMOM 17-012
SMOM 17-026
AOC Annex A Para 2-2 / AOC Para 9-14
AOC Annex A Para 5-3
AR 601-210 Para 4-32
AOC Annex A Para 1-4 / AR 601-210 Para 4-27
SMOM 17-012 Para 12 & 13
AOC Annex A Para A-8
AOC Annex A Appendix B
AOC Annex A Para 2-4
AR 601-210 Para 2-11b(2)
AR 601-210 Para 2-11a
AR 601-210 Para 4-7 / Para 4-28e(5)
AOC Annex A Para A-10
AR 601-210 Para 2-11b
AOC Annex A Para 1-2 / Para 2-7
Suitability and Eligibility



15 Aug 2018 3:30PM: Updated ASO guidance

IAW ASO email 20180815 3:23PM

The purpose of this message is to provide clarifying guidance for AD 2018-12 (New Policy Regarding Waivers for Appointment and Enlistment Applicants). Deputy Chief of Staff, G-1 Director of Military Personnel Management (DMPM).

1. Dependency waivers remain unchanged and may continue to process IAW AR 601-210 and the FY17-18 AOC.
2. Administrative (RE-Code) waivers (EXCLUDING DISCHARGES with a NARRATIVE REASON of MISCONDUCT or PATTERNS OF MISCONDUCT) may still be processed at all levels IAW AR 601-210 and the amended Table 2 to the FY17-18 AOC Annex A. Discharges with narrative reasons of Misconduct and Patterns of Misconduct require DMPM approval.
3. Waivers for conduct follow the following changes:

a. If an applicant requires a waiver (at any level) for multiple Minor Non-Traffic (level 200) and/or Misconduct (level 300) offenses and ANY of the offenses had confinement ordered or a fine of $500 or more then the approval authority raises to DMPM.

b. Any offense listed on Enclosure 4 (SERIOUS MISCONDUCT AND MAJOR MISCONDUCT OFFENSES) requires a waiver from DMPM.

c. A single DUI is still TAG approval, regardless of fine amount or confinement.

d. An offense (not in Enclosure 4) that does not require a waiver is not limited by fine amount: (eg: an applicant has a disorderly conduct for spilling 7-Up and gets 2 days in jail and a $700 fine…no waiver is required, eligible)

e. Suitability reviews (Table 3 of the AOC Annex A) remain unchanged.

f. Applicants may be tested prior to the submission of a suitability review. Applicants must have an approved suitability to physical.

g. DAT waivers are elevated to DMPM for approval.

4. Medical waivers may still be submitted, those affected by the DMPM suspension will be reviewed by the Command Surgeon’s (CSG) office for determination of future processing possibilities.
5. The method for submitting waivers to DMPM is being developed. These submissions should be held until the process is finalized.
6. AOC Annex A Table 1 below supersedes any previous conduct waiver table. Tables 2 and 3 from AOC Annex A are still valid.
7. POC for this message is the ASO.

Additional Guidance:

There will not be a SMOM released due to the process flow for submitting the waiver to DMPM has not been established.

All TAG Conduct Waivers approved prior to 30 July 2018 require a suitability submitted via Recruiter Zone to the NGB-ASO. The ASO will issue a control number to allow applicant continue processing providing the applicant's waiver does not fall into a suspended category.

IAW Army G-1, if the fine or confinement was suspended, it still part of the conditions issued by the court, and it counts towards the conviction or OAD.

Note: Enclosures from AD 2018-12 were probably copied from outdated DTM 08-018 instead of AR 601-210. Offense code 300 should be "Assault" not "Aggravated Assault". The ASO is aware and will seek to rectify.



AOC ANNEX A TABLE 1 - CONDUCT WAIVER AUTHORITY (CHANGE 2)
LINE CLASSIFICATION
OF OFFENSE
# OF
OFFENSES
WAIVER
AUTHORIZED
WAIVER
AUTHORITY
REFERENCE
1. TRAFFIC (LEVEL 100)
1 or more Not Required N/A AR 601-210
2. MINOR NON-TRAFFIC (LEVEL 200)
5 or more Yes TAG AR 601-210 Para 4-6a(1)
3. MISCONDUCT OFFENSES (LEVEL 300) ***EXCLUDES OFFENSES LISTED IN AD 2018-12 ENCLOSURE 4***
2 to 5 Yes TAG AR 601-210 Para 4-6a(2)
6 or more No N/A AR 601-210 Para 4-22
1 DUI (309) - See Notes Yes TAG AR 601-210 Para 4-6a(4)a
2 DUI (309) - See Notes Yes NGB AR 601-210 Para 4-7b
4. COMBINATION OF MINOR NON-TRAFFIC (LEVEL 200) AND MISCONDUCT (LEVEL 300)
4 x 200 and 1 x 300 Yes TAG AR 601-210 Para 4-6a(3)

AOC ANNEX A TABLE 1 NOTES

1. Domestic Violence Offenses. Domestic battery/violence offenses include but are not limited to: Charge(s) of assault, simple assault, assault and battery, battery, assault with the intent to commit bodily harm, assault on a person, abuse, domestic violence or any offense that involves the use or attempted use of physical force, or threatened use of a deadly weapon by an applicant against their parent, step-parent, sister, or brother, spouse, child; by a person with whom the victim shares a child in common; by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian; or by a person who was similarly situated to a spouse, parent, or guardian of the victim. Persons who are similarly situated to a spouse include two persons who are residing at the same location in an intimate, relationship with the intent to make that place their home regardless of disposition.

2. All applicants who have been charged with any offense of Domestic Violence require verification from court or County Sheriff stating whether there was a Protective Order issued. If there was, the verification must include the termination date of the order. Applicants may not enlist with an active Protective Order.

3. Enlistment of applicants with a qualifying conviction for Domestic Violence under the Lautenberg Amendment is prohibited. No waivers authorized.

4. DUI Offenses: A DUI waiver is required for any applicant who received an underage drinking and driving, wet and reckless, zero tolerance and/or refusal to take breathalyzer or similar offenses.

5. See current SMOM / DA Memo Operational Messages for suspensions.

6. Weapon on school grounds include offenses where the school issued punishment and no police/courts were involved.

7. Deleted due to table change.

8. Live Scan Results must be present prior to the submission of a conduct waiver. Note: Refer to SMOM 18-014 for additional guidance.

AOC ANNEX A TABLE 2a - MEPS DAT WAIVER AUTHORITIES

15 Aug 2018: Approval Authority is elevated to DMPM

LINE SUBSTANCE TIMES DAT POSITIVE WAITING PERIOD
FROM TEST DATE
APPROVAL AUTHORITY REMARKS
a. Alcohol 1 45 days TAG May be delegated to MILPO
b. Marijuana 1 90 days TAG May be delegated to MILPO
c. Marijuana 2 24 months ARNG-HRR-O
d. Marijuana 3 or more None None No retest/waiver
e. Other Drugs 1 1 year TAG
f. Other Drugs 2 or more None None No retest/waiver
Note: Refer to Positive DAT for additional guidance.

AOC ANNEX A TABLE 3 - SUITABILITY REVIEW AUTHORITY
LINE CLASSIFICATION
OF OFFENSE
# OF
OFFENSES
SUITABILITY
REQUIRED
SUITABILITY
AUTHORITY
REFERENCE
a. Combination of 4 x (200) or more & 1 x (300) 4 x (200) w/
1 x (300)
Yes ARNG-HRR-O or RRC SMOM 17-012
Suitability Authority
b. Misconduct (300) 2 or more Yes ARNG-HRR-O or RRC SMOM 17-012
Suitability Authority
c. Major Misconduct 1 or more Yes ARNG-HRR-O or RRC SMOM 17-012
Suitability Authority
d. Domestic Violence offense - See Notes 1 or more Yes ARNG-HRR-O SMOM 17-012
e. Criminal offense of a sexual nature 1 or more Yes ARNG-HRR-O SMOM 17-012
f. Any offense involving a weapon on
school grounds
1 or more Yes ARNG-HRR-O SMOM 17-012
Note: Suitability Review is required regardless of disposition.

Note: Suitability Review is valid for 6 months from date of approval.

SUITABILITY REVIEW AUTHORITIES
Type Offense Remarks OPS NCO w/ V7 & ASO Cert OPS NCO w/ ASO Cert OPS NCO ASO
Conduct Domestic Violence No No No Yes
Conduct Weapon on school grounds No No No Yes
Conduct Offenses of a sexual nature No No No Yes
Conduct UCMJ involving drugs/SHARP AOC Annex A Table 2 Note 19 No No No Yes
Conduct Any offense not specified above Requires RRC Memo Yes Yes No Yes
Live Scan Non-Disclosed 100 & 200 Level Yes Yes Yes Yes
Live Scan Non-Disclosed 300/400/UCMJ No No No Yes
Live Scan LSA completed improperly Examples Yes Yes No Yes
Live Scan LSA missing/LS returns no record Yes Yes No Yes
Live Scan LSA missing/LS returns w/ record Charge needs no waiver Yes Yes No Yes
Live Scan LSA missing/LS returns w/ record Charge needs a waiver No No No Yes
Retain Undisclosed charges Traffic Yes Yes No Yes
Retain Undisclosed charges Non-traffic or above No No No Yes
Retain Charges after enlistment 100 & 200 level Yes Yes Yes Yes
Retain Charges after enlistment 300 & 400 level No No No Yes
References:
a. PDF Version
b. SMOM 17-012 / SMOM 18-041
c. Live Scan Procedures
d. Retain Procedures

SUITABILITY REVIEWS - OTHER
LINE CLASSIFICATION DEFINITION REFERENCE
a. Live Scan Results Not Returned Follow current guidance from ASO at Live Scan Results Not Returned. SMOM 15-019
SMOM 18-014
b. Live Scan Applicants Concealed 300 or 400 Level Offenses Live Scan applicants who concealed 300 or 400 level offense(s), regardless of disposition, will not be enlisted. A suitability review to determine eligibility will be submitted through GCRc to the ASO. SMOM 18-014
c. Live Scan Applicants Concealed 100 or 200 Level Offenses Live Scan Applicant with non-disclosed offense level 100 and 200, regardless of disposition, require review and approval from State Operations. Proof of payment for undisclosed 100 offense(s), must be uploaded in ERM prior to approval through GCRc. SMOM 18-014
d. Post Enlistment Arrests Soldiers with new misconduct or major misconduct (300 and 400 level) offense(s), regardless of disposition, require an ASO retain exception. AOC Annex A Para 4-1
e. Concealed Traffic Offenses Revealed After Enlistment Soldiers who conceal traffic offenses that would not have required a waiver will require an approved retain exception by the MILPO or higher. Does not require a retain exception from ASO. AOC Annex A Para 4-2
f. Self-Admitted Offenses Submit a Suitability Review for self-admitted offenses that may require a conduct waiver. ASO Guidance
g. Determine Actual Offense When a recruiter cannot make a determination as to the actual offense, they will contact the State Operations. If the Operations NCO is unable to make a determination as to the classification of the offense they will contact NGB HRR-O ASO. AOC Annex A Para B-8
h. PS Applicants With Law Violations PS members from services other than Army who had law violations prior to enlistment that would have required a waiver for enlistment into the ARNG require a Suitability Review. AOC Annex A Para 3-1
i. Military Discharges / RE Code Waivers Several military discharges and NGB RE Code waivers must be submitted to ARNG-ASO for Suitability Review. AOC Annex A Table 2
j. Prior Service Misconduct Discharge All applicants who have EVER received any Misconduct discharge must have a Suitability Review by NGB, ARNG-ASO. AOC Annex A Table 2
k. Release From Charges Persons who are granted release from charges at any state of court proceedings if they will apply or be accepted for enlistment in any US Armed Forces are not qualified for enlistment. Refer cases to ASO. AR 601-210 Para 4-4c(2)
l. I551 Expires Within One Year Any applicant with an I-551 card that will expire within the next 1 year after enlistment date requires a citizenship suitability approved by NGB-ASO prior to enlistment. AOC Para 2-4
m. I797 extending I551 The USCIS N-797C, extending the I-551 Card, may be used for enlisting PRA with expired I-551 Card. The N-797C must show the Permanent Resident Status has been extended and a time frame of one year or more. The MEPS GC or State Operations will submit Citizenship exception via GCRc, NGB Accession Suitability Office (ASO) is the approving authority. SMOM 16-011 Para 6
n. RE-4 From Other Services If an applicant received an RE-4 or its equivalent from another service that would have been ruled an RE-3 by the US Army, a Suitability Review may be submitted to allow the RE code to be treated as an RE-3. AR 601-210 Para 4-24
o. Additional Punishment Applicants that receive additional punishment (i.e. additional fine, suspended license, extended probation, etc.) for failure to appear, failure to pay fine, or contempt of court is considered an Other Adverse Disposition (OAD). Questionable cases are to be sent to ASO for Suitability Review. AOC Annex A Para 5-3
p. Prior Service Physicals All applicants with a separation physical, PHA, or a Chapter 3 physical from a MTF or ARNG medical command facility must have all required documents scanned into ERM and submit an exception to the Accessions Suitability Office (ASO). SMOM 16-008
q. Prior Service Physicals Advise applicants who have had or currently have a "3" in their profile, required a medical waiver for prior enlistment, or have VA disability benefits approved or pending, that they will be required to have their records reviewed by the Office of the Chief Surgeon (ARNG-CSG). The ASO will make this determination. SMOM 16-008
r. Prior Service Attending BCT Questionable cases will be forwarded to the ASO for determination. AR 601-210 Para 3-18
s. REDD Report to Verify Prior Service In the event that the REDD report is the only source document available for the applicant, it may be used with approval from the Accessions Suitability Office (ASO). SMOM 16-012
t. Exceptions for Job Qualifications Exceptions for job qualifications (other than line scores or approved color vision) IAW DA Pam 611-21 will be considered on a case-by-case basis. Meritorious cases will be forwarded to the ASO after meeting all enlistment qualifications via GCRc workflow. AOC Para 2-8
u. Potential Use of False Entries Any potential use of false entries must be cleared by ASO prior to enlistment and submission of the SF86 to PSI-CoE. SMOM 16-030
v. RENO into higher clearance MOS MEPS SGC will submit name and PRID to the ASO prior to renegotiation into new MOS that elevates the current clearance to higher clearance for resubmission. (e.g. 11B to 25U or 25U to 35F). SMOM 16-030
w. OCS / SMP Control Numbers All OCS and SMP accessions must have a control number via GCRc workflow prior to enlistment. The BN Operations NCO will QC the packet and submit a suitability workflow to NGB through GCRc. SMOM 18-054
x. Prior Service MOS Determination Under no circumstances will MOS orders be issued for PS applicants from sister services without obtaining the proponent determination. Request for MOS determination will be sent to NGB-ASO who will coordinate with the Army proponent for final determination. AOC Para 3-6
y. Prior Service Tattoos The verification memorandum and/or approval letter from DMPM must be verified by ARNG-HRR-O and/or Accession Suitability Office (ASO). Tattoo Policy

Waiver Documents

NGB Approval for MEPS Physical
NGB Form 22-3 signed by unit or RRB
DD Form 2807-2 annotated by CMO
Medical docs from applicant’s physician
DD214/NGB22/REDD for Prior Service
USMEPCOM Form 680-3-ADP
Note: ASVAB scores not required
Approval for MEPS Physical Checklist


NGB Medical Waiver
NGB Form 22-3 signed by unit or RRB
*Must enlist for the MOS selected
DD Form 2808 with DAT results
DD Form 2807-2
USMEPCOM Form 680-3-ADP
DD214/NGB22/REDD for Prior Service
MEB documents if medical discharge
Any pertinent medical documentation
Medical Waiver Checklist


Suitability Review
All police/court/probation records
Handwritten applicant statement
SF86 must be completed in RZ
Suitability Checklist or NGB 22-3 listing all charges

State AG Waiver
NGB 22-3 signed by unit or RRB
All police / court records
Applicant statement
Discharge documents if PS
Negative DAT for DAT/Marijuana
*EPS Waiver - see below


NGB Waiver
NGB 22-3 signed by unit or RRB
Approved Suitability Review
All police / court records
Generated SF86
Applicant statement
Reference letters
TAG endorsement
Discharge documents if PS
Discharge packet per Tbl 2 if PS

Dependency Waiver
NGB 22-3 signed by unit or RRB
Divorce Decree if applicable
Discharge documents if PS
Dependency Memo
Dependency Memo Military
DA Form 3072-2

FCP if Single Parent:
DA Form 5304
DA Form 5305
DA Form 7666
DA Form 7667
DA Form 5840
DA Form 5841


EPS Waiver
Required for E-5 and above
NGB 22-3 signed by unit or RRB
Proof of MOS or slot requested
DD214/NGB22 or proof of rank
NCOES complete within 12 mths of enlistment

Medical Waiver Workflow

Medical Action Tracking System (MATS)
The Medical Action Tracking System (MATS) is an Army National Guard web-accessible medical waiver processing and tracking application. The MATS application provides an electronic method for submitting, storing, tracking, and reporting medical waivers/actions to the NGB Surgeon's Office Clinical Section (ARNG-CSG). MATS uses a role-based access control system, which limits actions and visibility available to users based on their role's permissions.

MOS Selection
When submitting a Medical Waiver request, the MOS is a major component in the waiver decision making process and is directly linked to the waiver. Consequently, any request for a MOS change after a waiver decision is completed will require re-evaluation by the Waiver Authority. This process could take up to 72 business hours.

MATS Message 20171003 - When submitting a new MATS waiver enter up to three MOS requests on the "New Medical Action" page. Entries of more than one MOS can increase the likelihood of an applicant getting associated with an MOS approval.

MATS Message 20180213 - Under the "Manage Workspaces" tab you will now see feature "Approved Waiver MOS/AOC Update". This feature will allow you to select an alternate approved (depicted in green) MOS/AOC for your medical waiver applicant assuming multiple MOS/AOC were captured during the last waiver submission. Please note that a MOS/AOC depicted in red cannot be selected because it was not approved or is currently associated on the most recent Result Memo. Additionally, for new medical waiver submissions realize that entries of more than one MOS/AOC can increase the likelihood of an applicant getting associated with an MOS/AOC approval and decrease turn-around-time. Note: The "Approved Waiver MOS/AOC Update" feature is not applicable to General Officer Physicals and Convalescent Leave.

Process to Submit Medical Waiver
1. The RRNCO must intitiate the request for waiver from Recruiter Zone. The RRNCO must ensure that a projection has been done.
2. The NCOIC must approve/disapprove the request for waiver from Leader Zone. Even though the RRNCO is initiating the workflow from RZ, if he or she has LZ access, the system may recognize the RRNCO as being at the NCOIC level, thus causing the workflow to be Returned Without Action (RWA).
3. The State Ops LNO should now be able to action the request for waiver.

Note: Height/weight (to include max weight) data and ASVAB line scores must be present in ARISS. MATS is used for the submission of medical waivers. The waiver workflow (only) for medical waivers is initiated and approved by the State Ops LNO in GCRc once the medical waiver has been approved.

Medical Waiver Appeals
Reference: SMOM 17-026 Waiver Appeals Process

a. IAW AR 601-210 Para 4-26, medical waivers may not be resubmitted unless original condition has changed.
b. IAW ARNG-CSG guidance, the applicant must have new medical documentation:

  • Physician specialist out-ranks generalists (Primary Care).
  • Medical Doctor out-ranks Physician Assistants/Nurse Practitioners unless the PA/NP works in the specialty.
  • Ophthalmologists out-ranks Optometrist.

  • MATS Documents Checklist
    a. Enlistment Medical Waiver
    b. Approval for MEPS Physical
    c. Commissioning Medical Waiver
    d. DoDMERB Medical Waiver

    Note: IAW AR 601-210 Para 4-5c(6), if separated
    for medical reasons, must submit DA Form 4707, DA Form 3947, and/or DA Form 199.

    Note: Additional docs required/allowed by CSG:

  • Handwritten applicant statement
  • Statement from coaches / employer
  • Transcripts / work references for ADD/ADHD
  • Approved ARNG conduct waivers
  • Waivers from RA/USAR are reviewed
  • Waivers from other branches are considered
  • References
    a. Medical Waiver Processing Slides
    b. SMOM 17-026 Waiver Appeals Process
    c. SMOM 18-067 ARNG Urgent Waiver Process
    d. AR 40-501 Standards of Medical Fitness
    e. DoDI 6130.03 Medical Standards
    f. AR 40-400 Patient Administration Chapter 7
    g. Asthma Medical Waiver
    h. Hearing Loss Medical Waiver
    i. ADD/ADHD Medical Waiver
    j. Underheight Medical Waiver

    design & development: Fathom Creative, Inc. (fathomcreative.com), Anthony D. Paul (anthonydpaul), Brent Maxwell, Charlie Hoover, Shelli Martinez, Maribel Costa, Efrat Levush