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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19219
Experience:  Lawyer and current JAG officer.
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I was wondering if you would be able to answer a question

Customer Question

Good Afternoon, I was wondering if you would be able to answer a question for me back in 2006 I was given a JFW discharge and I was recently offered a position with the US ARMY Reserves. But I am not sure if I can accept the position as it requires membership in the Army Reserves. Is there any available waivers for a JFW Discharge at this time ?
JA: Are you overseas or stateside?
Customer: Stateside Ive been working for the Feds for the last ten years since my discharge I have a secret security clearance and a clear criminal record
JA: Have you talked to anyone in the chain of command about this?
Customer: Not yet Ive talked to some recuriters and it seems like they just don't have the time or want to make the time to answer this question since it would take some research and more than likely it would take someone who would have the ability to pull these strings for a waiver if at all possible
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think s so
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

The JFW isn't really the issue. Instead, it would be your RE code which would indicate if you would be eligible to receive a waiver. The JFW just indicates erroneous enlistment (not fraudulent) which traditionally concerns a medical condition that arose and, if it had been known about before you enlisted, you would not have been able to join or you wouldn't have been able to join until the medical issue was resolved.

What you have to understand about waivers though is that they are not a right. The only way you'd be able to obtain a waiver is to find a recruiter that would actually be willing to process it. There is no way for you to submit a waiver. It must be submitted by a recruiter, and they can't be compelled to submit them.

This is going to be a recruiter to recruiter determination, made on a case by case basis, determined by each individual recruiters need. There are so many applicants right now and so few jobs that waivers really aren't being processed right now, because recruiters don't need to use them to meet their numbers. Fully qualified people that don't need waivers are being turned away because the applicants exceed the jobs.

I wish I could give you a more definitive course here, but there just isn't one. The only way you get a waiver is if you find a recruiter willing to process one.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.