"what some guy told me" has no legal significance
It's not the conviction that keeps guys out, it's being on probation that keeps them from signing. I've had the Marines and Army take guys with heavy convictions just so they were off probation when they went it.
Hearsay is not an alternative to getting informed as to the law and DOD regulations.
Too often in this forum the "some guy told me..." line is presented as a subsitute for being informed on the law and the cases interpreting the law. If there is any lingering doubt in your mind as to what to do, consult a law school civil justice clinic, public defender, law library, or US military online procedures manuals.
Since this subject has piqued my interest here are some statute as food for thought:
No person...who has been convicted of a felony, may be enlisted in any armed force. However, the Secretary concerned may authorize exceptions, in meritorious cases, for the enlistment of deserters and persons convicted of felonies.
10 USC § 504
The first clause makes it clear that no one convicted of a felony, any felony, may enlist. But, the second clause makes it clear that a person may seek a waiver. Notice that the waiver clause states, "...may authorize..." not "shall authorize." As such, the waiver is not automatic and is discretionary. The presumption is toward exclusion.
Next, as to misdemeanors the DOD Qualifications Standards for Enlistment are a type of regulation that have the effect of law:
E1.2.7. Moral Character. Persons entering the Armed Forces should be of good moral character. The underlying purpose of moral character enlistment standards is to minimize entrance of persons who are likely to become disciplinary cases or security risks or who disrupt good order, morale, and discipline. The Military Services also have a responsibility to parents who expect that their sons and daughters will not be placed into close association with persons who have committed serious offenses or whose records show ingrained delinquency behavior patterns. The Military Services are responsible for the defense of the nation and should not be viewed as a source of rehabilitation for those who have not subscribed to the legal and moral standards of society at large. Moral standards of acceptability for service are designed to disqualify the following kinds of persons:
E1.2.7.1. Individuals under any form of judicial restraint (bond, probation, imprisonment, or parole).
E1.2.7.2. Those with significant criminal records. Section 504 of reference (a) states that, "no person...who has been convicted of a felony, may be enlisted in an Armed Force. However, the Secretary concerned may authorize exceptions in meritorious cases, for the enlistment of...persons convicted of felonies."
E1.2.7.2.1. Persons convicted of felonies may request a waiver to permit their enlistment. The waiver procedure is not automatic, and approval is based on each individual case. One of the considerations in determining whether a waiver will be granted is the individual's ability to adjust successfully to civilian life for a period of time following his or her release from judicial control.
E1.2.7.2.2. In processing waiver requests, the Military Services shall require information about the "who, what, when, where, and why" of the offense in question; and a number of letters of recommendation attesting to the applicant's character or suitability for enlistment. Such letters must be from responsible community leaders such as school officials, ministers, and law enforcement officials.
E1.2.7.4. Those who have exhibited antisocial behavior or other traits of character that would render them unfit to associate with military personnel.
DoDD 1304 (emphasis added)
While not expressly including or excluding misdemeanors from disqualifying convictions/acts, the following language is drafted in the inclusive to include misdemeanors or conduct for which there is no arrest or conviction, "...who have committed serious offenses or whose records show ingrained delinquency behavior patterns" (E 1.2.7), "E1.2.7.2. Those with significant criminal records," antisocial behavior[/U] or
other traits of character."
Such exclusion of persons convicted of misdemeanors is consistent with the DOD's intent of maintaning disclipine, "The underlying purpose of moral character enlistment standards is to minimize entrance of persons who are likely to become disciplinary cases or security risks or who disrupt good order, morale, and discipline."
It may be possible that the military has a policy allowing for broad discretion and a presumption toward admitting persons convicted of a misdemeanor. It is doubtful that a juvenile's conviction for a felony would be well received.
But, the important message that I want to stress is to be wary of "my buddy told me" or "I know for a fact" statements as they have no legal significance.
Good luck.
