(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 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. |
| 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. |
| 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. |
| 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. |
| 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. (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. |
| 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]