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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34763
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I'm under the impression that I would get laughed out of the

Customer Question

I'm under the impression that I would get laughed out of the recruiter's office about this but here goes:
Prior service Army, completed 4 years of honorable service. Several months after I reenlisted I was arrested for DUI. The merciful civilian court found me guilty of reckless driving, so I was never technically convicted of DUI. The Army, however saw fit to discharge me. I received a general under honorable discharge, reenlistment code 3. I served under the Army MOS 42R, musician/bandsman. I am a clarinetist.
I never wanted to leave the military, I've been out for 9 months, I miss it.
I recently auditioned for the Army Nat. Guard, they said they would sign the waiver because they need my particular instrument and I'm "very talented."
I have a friend who is prior service USMC (also a musician in the MC) and he wants back in. His prior service recruiter said the USMC needs musicians badly right now.
I know the USMC is more picky than the Army, and I never would've given it a second thought if not for the fact that they need musicians.
Do you think it's worth a visit to the Marine recruiter's office, or should I just count my losses and go part time with the NG?
P.S./Extra info
I am a 30 year old female I was the rank of Specialist (pay grade E-4, not an NCO) when I left. I always scored nearly perfect on fitness and rifle qualifications while in the Army, served in numerous leadership positions and I have the paperwork backing that up. I also know numerous NCO's who would "vouch" for me. I was an excellent soldier, my incident with the law occurred while I was on leave and was not a work-related event. I do realize they don't care about any of this.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year 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 help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Expert:  P. Simmons replied 1 year ago.

Can you tell me, what is the charachterization of your discharge?

Customer: replied 1 year ago.
General under honorable conditions
Expert:  P. Simmons replied 1 year ago.


You can certainly will need a waiver. But if the only issue is the DUI arrest and subsequent plea to a lesser charge? It may well be you can get the waiver, particular if they need your skill set.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
you think it's worth showing my face in the recruiter's office?
Expert:  P. Simmons replied 1 year ago. have to convince the recruiter to help you with the waiver application...your face can go a long was towards this...