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I have two Field Grade Article 15's, one is an Article 111 and the other is for Article 107 and Article 128. It has been almost four years since the last Article 15, I completed counseling for both offenses, separated from the USMC with an Honorable Discharge and a reenlistment code of RE-1A in 2009, I have an active security clearance, and I am working as a contractor overseas. I would really love to fly helicopters and want to join the Army as a Warrant Officer but I was told point blank that I would not receive a "moral waiver" for these offenses. Can I have these offenses expunged from my OMPF by an official Correction of Military Records?
Optional Information: State/Country relating to question: Mississippi Already Tried: Just starting the process
Hello,Thank you for the information and your question. First, I am not sure why the Army is requiring a waiver since you were given an RE Code of 1A which is automatic eligibility to reenlist. That said, I am somewhat surprised that with the misconduct history that you had that you received the Discharge that you did. That is very good for you. However, I will tell you that all the services are tightening their accession policies because of the cutbacks in manning numbers. So, they can set their requirements higher if they choose to.But to get to your question, there really is very little chance of successfully petitioning to remove these NJP's from your record. You could petition the Board for Correction of Naval Records but you would have to prove that there was an error or injustice in the awarding of the NJP's. You can see the process and what you will need to do by going to: http://www.donhq.Navy.mil/bcnr/bcnr.htm
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG