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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32824
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Reenlistment question. During my first enlistment I was

Customer Question

Reenlistment question. During my first enlistment I was arrested and charged with domestic violence assault. Eventual this turned into a deferred disposition for simple assault(I'd never been arrested before). After 12 months I went back to court and they dismissed the assault charge against me. In my criminal background check nothing turned up. My recruiter couldn't find anything at the courthouse my case was handled at, but got some details about my arrest from the police department that arrested me. My recruiter says that in disqualified from reenlistment. Even though I was allowed to serve the remaining years of my first enlistment with all of this. At the end of my contract I got an honorable discharge. How is this? Can it be fixed?
Submitted: 7 months ago.
Category: Military Law
Expert:  P. Simmons replied 7 months ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen.
Expert:  P. Simmons replied 7 months ago.
Sorry...I want to make sure I understand the question...are you asking if they can deny you reentry even though there was never a conviction?
Customer: replied 7 months ago.
I want to know how, but also if there is any action I can take? Or is this a losing battle and in the end I still won't be allowed to reenlist?
Expert:  P. Simmons replied 7 months ago.
Thanks. There is no "right" to enter or re-enter the service. So they can (and do) require a waiver for reentry if you have criminal misconduct in your past. This applies even if there was no conviction.
Expert:  P. Simmons replied 7 months ago.
The only way in is if you can obtain a waiver...and that can be tough to accomplish.
The largest problem you face is the poor economy. The poor economy has caused a flock of people turning to the military for jobs. Despite the war recruiting is way up in all branches. The need for the services to grant waivers has decreased. For example the Marines recently decreased their maximum age for enlistment. Its tough today to get a waiver.