MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: Army Directive 2018-12 (New Policy Regarding Waivers for Appointment
and Enlistment Applicants)
1. References. A list of references and the Department of Defense (DoD) Instruction
(DoDI) 6130.03 definition of a medical waiver are in enclosure 1.
2. Purpose. This directive provides new guidance on waivers for appointment and
enlistment. In addition, this directive supersedes provisions in Army regulations and
previous Army G-1 waiver guidance, which control medical and misconduct waiver
authorities for applicants requesting enlistment, reenlistment, appointment, or
accession.
3. Medical Waivers. Any applicant who does not meet the physical and medical
accession, enlistment, and reenlistment standards for the conditions or diagnoses in
paragraphs 3a or 3b may be considered for a waiver. Unless otherwise stated in this
document, the medical waiver authority for the conditions identified is the Deputy Chief
of Staff, G-1 Director of Military Personnel Management (DMPM). Any waivers
submitted for these identified medical conditions will come through the appropriate
service medical waiver review authority (SMWRA), who will provide a recommendation,
to the DMPM for decision. Guidance to the SMWRA is in paragraph 6. The standard
for approval of a medical waiver will be a determination that appointment, enlistment,
reenlistment, or induction is in the best interests of the Army based on a holistic review
of the applicant’s potential for service.
a. Psychiatric and Behavioral Health Conditions. Any applicant with a verified
current diagnosis or history of any of the following disorders: mood disorders;
personality disorder; disorders with psychotic features; drug or alcohol abuse or
dependence; drug overdose; or any suicide attempt, or suicide gesture or ideation
(except in instances that involve self-mutilation and meet the criteria of paragraph 6c) is
disqualified unless a waiver is approved. Applicants who were previously denied
accession to any branch of the military for behavioral health conditions also are
disqualified unless a waiver is approved.
b. Applicants With a Previous Medical Separation or Discharge. Any applicant who
was separated or discharged from any component of the Armed Forces for any medical
reason, with or without disability requires a waiver before enlistment, appointment, or
induction.
SECRETARY OF THE ARMY
WASHINGTON
SUBJECT: Army Directive 2018-12 (New Policy Regarding Waivers for Appointment
and Enlistment Applicants)
2
4. Conduct Waivers. A conduct waiver is required when the final finding of a court or of
another adjudicating authority is a conviction or other adverse adjudication of any of the
following: one major misconduct offense, two misconduct offenses, or a pattern of
misconduct. Army policy with respect to all conduct waivers not referenced in this
directive remains unchanged. For all waiver requests, the applicant must display
sufficient mitigating circumstances that clearly justify approving the waiver.
a. Waiver authorities and consideration for misconduct offenses identified in
enclosures 2 and 3 are withheld to “the Recruiting Battalion Commander or State
Adjutant General for the Army National Guard (ARNG), unless otherwise noted in this
directive. Any single misconduct offense listed in enclosure 3 that results in a court
sentence of a fine of $500 or more or any confinement will be withheld to the DMPM.
b. The waiver authority for any single offense identified in enclosure 4 is withheld to
the DMPM. This includes a positive drug or alcohol test at the Military Entrance
Processing Station (MEPS). Any other drug-related incident not involving a medical
diagnosis will be treated as misconduct in accordance with this paragraph.
c. Any applicant with a State or Federal conviction, or a finding of guilty in a juvenile
adjudication, for a felony crime of rape, sexual abuse, sexual assault, incest, any other
sexual offense, or when the disposition requires the person to register as a sex
offender, will not be considered for a waiver. Any applicant with a conviction qualifying
under sections 922(d)(9) and 922(g)(9) of Title 18, United States Code, will not be
granted a waiver for entrance into military service.
d. Applicants with prior military service who were separated or discharged from any
branch of military service for conduct identified as misconduct in the enclosures, require
an enlistment, appointment, or induction waiver from the DMPM. Requests will be
submitted through the appropriate waiver authority identified in Army Regulation
(AR) 135-100, paragraph 1-8; AR 601-100, paragraph 1-13; and AR 601-210,
paragraph 4-7, who will provide a recommendation on approval or disapproval to the
DMPM.
5. Education and Trainability for Applicants Requiring Waivers. All applicants
considered for appointment, enlistment, or induction in the Regular Army (RA), ARNG,
and U.S. Army Reserve (USAR) who require waivers for conditions set forth in
paragraph 3, or conduct listed in enclosures 3 and 4, must still meet the education
standards in AR 601-100, paragraph 1-10 and AR 601-210, paragraph 2-7. These
applicants must also meet the trainability standard in AR 601-210, paragraph 2-8. As
an exception to AR 601-210, paragraph 2-8, these applicants must achieve a test score
category of I-IIIA (TSC I-IIIA).
SUBJECT: Army Directive 2018-12 (New Policy Regarding Waivers for Appointment
and Enlistment Applicants)
3
6. Guidance to Medical Waiver Review Authorities
a. All applicants considered for appointment, enlistment, or induction in the RA,
ARNG, and USAR must meet the five standards in DoDI 6130.03, paragraphs 1.2.c.(1)–
(5). Disqualifying conditions listed in section 5 of the DoDI do not meet medical
standards by virtue of a current diagnosis or for which the applicant has a verified past
medical history.
b. For conditions in DoDI 6130.03, paragraph 5.28 not identified in paragraph 3, the
SMWRA may grant an accessions waiver if the SMWRA determines the disqualifying
condition identified by the DoD Medical Examination Review Board or the MEPS Chief
Medical Officer is not supported by available medical evidence, does not represent
current or active diagnoses, and meets accession standards.
c. Pursuant to DoDI 6130.03, paragraph 5.28n, a history of self-mutilation does not
meet medical standards. A waiver is authorized only when the suspected disqualifying
condition is not supported by available medical evidence, does not represent current or
active diagnoses, and meets accession standards. SMWRAs are authorized to approve
these waivers if the applicant meets all the following criteria because the applicant will
be deemed to have no current active diagnosis:
(1) A single episode before age 14 years and no incident within the 5 years
before application.
(2) No evidence of any disqualifying behavioral health condition on psychiatric
evaluation (ordered by the MEPS Chief Medical Officer).
(3) Evidence of adequate coping with stressful situations.
7. Inspector General Review. The Inspector General will annually review waivers
granted to any enlistment or appointment applicant, with an emphasis on those waivers
covered by this directive, to determine compliance with references e–g and this
directive. The Inspector General will report the findings and make recommendations to
the Secretary of the Army and Chief of Staff, Army on how to improve the waiver
process.
8. Applicability. The provisions of this directive are effective immediately and apply to
the RA, ARNG, and USAR.
9. Proponent. The Army Deputy Chief of Staff, G-1 is the proponent for this policy and
is directed to initiate a revision to the pertinent Army regulations to incorporate the
SUBJECT: Army Directive 2018-12 (New Policy Regarding Waivers for Appointment
and Enlistment Applicants)
4
provisions of this directive. This directive is rescinded upon publication of the final
revised regulation(s).
10. Point of Contact. Direct any questions to the Deputy Assistant Secretary of the
Army (Military Personnel and Quality of Life), Office of the Assistant Secretary of the
Army (Manpower and Reserve Affairs).
Encls Mark T. Esper
DISTRIBUTION:
Principal Officials of Headquarters, Department of the Army
Commander
U.S. Army Forces Command
U.S. Army Training and Doctrine Command
U.S. Army Materiel Command
U.S. Army Pacific
U.S. Army Europe
U.S. Army Central
U.S. Army North
U.S. Army South
U.S. Army Africa/Southern European Task Force
U.S. Army Special Operations Command
Military Surface Deployment and Distribution Command
U.S. Army Space and Missile Defense Command / Army Strategic Command
U.S. Army Cyber Command
U.S. Army Medical Command
U.S. Army Intelligence and Security Command
U.S. Army Criminal Investigation Command
U.S. Army Corps of Engineers
U.S. Army Military District Washington
U.S. Army Test and Evaluation Command
U.S. Army Installation Management Command
U.S. Army Human Resources Command
U.S. Army Financial Management Command
U.S. Army Marketing and Engagement Brigade
Superintendent, United States Military Academy
Director, U.S. Army Acquisition Support Center
(CONT)
SUBJECT: Army Directive 2018-12 (New Policy Regarding Waivers for Appointment
and Enlistment Applicants)
5
DISTRIBUTION: (CONT)
Superintendent, Arlington National Cemetery
Commandant, U.S. Army War College
Director, U.S. Army Civilian Human Resources Agency
CF:
Director, Army National Guard
Director of Business Transformation
Commander, Eighth Army
Enclosure 1
REFERENCES
a. Department of Defense Instruction (DoDI) 1304.26 (Qualification Standards for
Enlistment, Appointment, and Induction), 23 March 2015, Incorporating Change 2,
11 April 2017.
b. DoDI 1304.32 (Military Services Recruiting Related Reports), 26 March 2013,
Incorporating Change 1, Effective 31 March 2017.
c. DoDI 6130.03 (Medical Standards for Appointment, Enlistment, or Induction in the
Military Services), 6 May 2018.
d. DODI 6400.06 (Domestic Abuse Involving DoD Military and Certain Affiliated
Personnel), August 21, 2007, Incorporating Change 4, May 26, 2017.
e. Army Regulation (AR) 40-501 (Standards of Medical Fitness), 14 June 2017.
f. AR 135-100 (Appointment of Commissioned and Warrant Officers of the Army),
1 September 1994.
g. AR 140-50 (Officer Candidate School, Army Reserve), 15 October 1999.
h. AR 145-1 (Senior Reserve Officers’ Training Corps Program: Organization,
Administration, and Training), 22 July 1996.
i. AR 210-26 (United States Military Academy), 9 December 2009.
j. AR 601-100 (Appointment of Commissioned and Warrant Officers in the Regular
Army), 21 November 2006.
k. AR 601-210 (Regular Army and Reserve Components Enlistment Program),
31 August 2016.
l. Title 18, United States Code, section 922.
Definition of a Medical Waiver (from DODI 6130.03):
A formal request to consider the suitability for service of an applicant who, because of
current or past medical conditions, does not meet medical standards. Upon the
completion of a thorough review, the applicant may be considered for a waiver. The
applicant must have displayed sufficient mitigating circumstances/provided medical
2
documentation that clearly justify waiver consideration. The Secretaries of the Military
Departments may delegate the final approval authority for all waivers.
Enclosure 2
TRAFFIC OFFENSES
OFFENSE
CODE
OFFENSE TITLE
100
Bicycle ordinance violation.
101
Blocking or retarding traffic.
102
Contempt of court for minor traffic offenses.
103
Crossing yellow line; driving left of center.
104
Disobeying traffic lights, signs, or signals.
105
Driving on shoulder.
106
Driving uninsured vehicle.
107
Driving with blocked vision and/or tinted window.
108
Driving with expired plates or without plates.
109
Driving with suspended or revoked license.
110
Driving without license.
111
Driving without registration or with improper registration.
112
Driving wrong way on one-way street.
113
Failure to appear for traffic violations.
114
Failure to comply with officer’s directive.
115
Failure to have vehicle under control.
116
Failure to signal.
117
Failure to stop or yield to pedestrian.
118
Failure to submit report after accident.
119
Failure to yield right-of-way.
120
Faulty equipment such as defective exhaust, horn, lights, mirror, muffler, signal
device, steering device, tail pipe, or windshield wipers.
121
Following too closely.
122
Hitchhiking.
123
Improper backing such as backing into intersection or highway, backing on expressway,
or backing over crosswalk.
124
Improper blowing of horn.
125
Improper passing such as passing on right, passing in no-passing zone, passing
stopped school bus, or passing pedestrian in crosswalk.
126
Improper turn.
127
Invalid or unofficial inspection sticker or failure to display inspection sticker.
128
Jaywalking.
129
Leaving key in ignition.
130
Leaving scene of accident (when not considered hit and run).
131
License plates improperly displayed or not displayed.
132
Operating overloaded vehicle.
133
Racing, dragging, or contest for speed.
134
Reckless, careless, or imprudent driving (considered a traffic offense when the fine is
less than $300 and there is no confinement). Court costs are not part of a fine.
135
Reserved for future use.
136
Seat belt and/or child restraint violation.
137
Skateboard, roller skate, or inline skate violation.
138
Speeding.
139
Spilling load on highway.
140
Spinning wheels, improper start, zigzagging, or weaving in traffic.
141
Violation of noise control ordinance.
142
Other traffic offenses not specifically listed.
143
Reserved for future use.
144
Reserved for future use.
2
NON-TRAFFIC OFFENSES
OFFENSE TITLE
Altered driver’s license or identification.
Assault (simple assault with fine or restitution of $500 or less and no confinement).
Carrying concealed weapon (other than firearm); possession of brass knuckles.
Check, worthless, making or uttering, with intent to defraud or deceive (less than $500).
Committing a nuisance.
Conspiring to commit misdemeanor.
Curfew violation.
Damaging road signs.
Discharging firearm through carelessness or within municipal limits.
Disobeying summons; failure to appear (other than traffic).
Disorderly conduct; creating disturbance; boisterous conduct.
Disturbing the peace.
Drinking alcoholic beverages on public transportation.
Drunk in public.
Dumping refuse near highway.
Failure to appear, contempt of court (all offenses except felony proceedings).
Failure to appear, contempt of court (felony proceedings).
Failure to stop and render aid after accident.
Fare and/or toll evasion.
Harassment, menacing, or stalking.
220
Illegal betting or gambling; operating illegal handbook, raffle, lottery, or punchboard;
cockfighting.
Indecent exposure.
222
Indecent, insulting, or obscene language communicated directly or by telephone to
another person.
223
Jumping turnstile (to include those States that adjudicate jumping a turnstile as petty
larceny).
224
Juvenile adjudications such as beyond parental control, incorrigible, runaway, truant, or
wayward.
Killing a domestic animal.
Littering.
Loitering.
Malicious mischief (fine or restitution of $500 or less and no confinement).
Pandering.
Poaching.
231
Purchase, possession, or consumption of alcoholic beverages or tobacco products by
minor.
Removing property from public grounds.
Removing property under lien.
Robbing an orchard.
Shooting from highway.
Throwing glass or other material in roadway.
Trespass (non-criminal or simple).
Unlawful assembly.
Unlawful manufacture, sale, possession, or consumption of liquor in public place.
Unlawful use of long-distance telephone calling card.
Using or wearing unlawful emblem and/or identification.
Vagrancy.
Vandalism (fine or restitution of $500 or less and no confinement).
Violation of fireworks laws.
3
NON-TRAFFIC OFFENSES
OFFENSE TITLE
Violation of fish and game laws.
Violation of leash laws.
Violation of probation.
Other non-traffic offenses not specifically listed.
Reserved for future use.
Enclosure 3
MISCONDUCT OFFENSES
OFFENSE TITLE
300
Aggravated assault, fighting, or battery (more than $500 fine or restitution or
confinement).
Carrying of weapon on school grounds (other than firearm).
Contributing to delinquency of minor.
Crimes against the family (non-payment of court-ordered child support and/or alimony).
Criminal mischief (more than $500 fine or restitution or confinement).
Criminal trespass.
Desecration of grave.
309
Driving while drugged or intoxicated; driving while ability impaired; permitting driving
under the influence.
Illegal or fraudulent use of a credit card or bank card (value less than $500).
Larceny or conversion (value less than $500).
Leaving scene of an accident or hit and run.
Looting.
Mailbox destruction.
318
Reckless, careless, or imprudent driving (considered a misdemeanor when the fine is
$300 or more or when confinement is imposed; otherwise, considered a minor traffic
offense).
Reckless endangerment.
323
Throwing rocks on a highway; throwing missiles at sporting events; throwing objects at
vehicles.
Unauthorized use or taking of a vehicle or conveyance from family member; joy riding.
Unlawful entry.
327
Use of telephone, Internet, or other electronic means to abuse, annoy, harass,
threaten, or torment another.
Vandalism (more than $500 fine or restitution or confinement).
Other misconduct offenses not specifically listed.
Reserved for future use.
Reserved for future use.
Enclosure 4
SERIOUS MISCONDUCT AND MAJOR MISCONDUCT OFFENSES
OFFENSE
CODE
OFFENSE TITLE
302
Concealment of or failure to report a felony.
308
Domestic battery and/or violence not considered covered by section 922 of Title 18,
U.S.C. (Reference (l)), referred to in this issuance as the “Lautenberg Amendment.”
315
Mailing of obscene or indecent matter (including e-mail).
316
Possession of marijuana or drug paraphernalia.
317
Prostitution or solicitation for prostitution.
320
Resisting arrest or eluding police.
321
Selling or leasing weapons.
325
Unlawful carrying of firearms or carrying concealed firearm.
329
Willfully discharging firearm so as to endanger life; shooting in public.
400
Aggravated assault; assault with dangerous weapon; maiming.
401
Arson.
402
Attempt to commit a felony.
403
Breaking and entering with intent to commit a felony.
404
Bribery.
405
Burglary.
406
Carjacking.
407
Carnal knowledge of a child.
408
Carrying of weapon on school grounds (firearm).
409
Check, worthless, making or uttering, with intent to defraud or deceive (over $500).
410
Child abuse.
411
Child pornography.
412
Conspiring to commit a felony.
413
Criminal libel.
414
Domestic battery and/or violence as defined in the Lautenberg Amendment. (Waiver not
authorized if applicant was convicted of this offense.)
415
Embezzlement.
416
Extortion.
417
Forgery, knowingly uttering or passing forged instrument (except for altered identification
418
Grand larceny or larceny (value of $500 or more).
419
Grand theft auto.
420
Hate crimes.
421
Illegal and/or fraudulent use of a credit card, bank card, or automated card (value of $500
or more).
422
Indecent acts or liberties with a child; molestation.
423
Indecent assault.
424
Kidnapping or abduction.
425
Mail matter; abstracting, destroying, obstructing, opening, secreting,
stealing, or taking (not including the destruction of mailboxes).
426
Manslaughter.
427
Murder.
428
Narcotics or habit-forming drugs, wrongful possession or use (not including marijuana).
429
Negligent or vehicular homicide.
430
Perjury or subornation of perjury.
431
Possession or intent to use materials in a manner to make a bomb or explosive device
to cause bodily harm or destruction of property.
432
Public record; altering, concealing, destroying, mutilating, obligation, or removing.
2
SERIOUS MISCONDUCT AND MAJOR MISCONDUCT OFFENSES
OFFENSE
CODE
OFFENSE TITLE
433
Rape, sexual abuse, sexual assault, criminal sexual abuse, incest, or other sex crimes.
(See
section 2.h.(3) of enclosure 3 of this instruction; waivers for these offenses ar
e not
authorized.)
434
Riot.
435
Robbery (including armed).
436
Sale, distribution, or trafficking of cannabis (marijuana) or any other controlled
substance (including intent).
437
Sodomy (only when it is nonconsensual or involves a minor).
438
Stolen property, knowingly received (value of $500 or more).
439
Terrorist threats (including bomb threats).
440
Violation of civil rights.
441
Other major misconduct offenses not specifically listed.
442
Misconduct for criminal drug use, possession, or drug paraphernalia, to include marijuana
443
Positive drug and alcohol test at the Military Entrance Processing Station.
444
Positive drug and alcohol test for prior service personnel
445
Reserved for future use