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  • OCS Waiver

    Im writing this question to ask if anyone knows how to acquire a waiver to receive a commission if no waiver is provide in AR 135-1.

    I have a unique situation, so please try to understand my situation. I'm 27 years old and am currently an enlisted member in IL ARNG, waiting to put in E5 in a few month. I already participated in ROTC when i was pursuing my BA, and was enrolled in OCS after i reenlisted in the guard, but was dropped from it after being told that no waiver exists to allow me to commission. I'm a prior service Air Force and was discharged in July 2007 with General under Honorable, RE code 2B, separation code JKN - Misconduct, minor disciplinary infractions, and narrative reason states only Misconduct. I served for 3 years and 8 moth, since I was 17 till 21. Even so my separation states misconduct, i never received Article 15, or any other punishments, and no civilian conviction. My discharged was based on a pile up of LOC and LOR over 3 year period, for minor disciplinary stuff, most on off duty time, unrelated to mission and work. Just to name a few, it was one speeding ticket, smoking (cigarettes) in the dorms, having a decorative knife in the dorms, being once late to morning pt, and so on, the last being an LOR for physical altercation, for which i still have testimonies stating that i was attacked by another drunk individual without provoking him who had a history of violent behavior and got kicked out for prior fighting like a week after incident involving me. But to cut a long story short, i got kicked not so much for what i did but for how i reacted to it, my first Sargent didn't have a warm feelings toward me, and neither did I towards him, so i just told him that i want to get out, paperwork was filed and I was discharged. There were other options for me to be separated such as under force shaping or in order to continue education, since i was over my 3 year mark, but my unit didn't want to make it that easy. I didnt fought my discharge hardly at all and just took what they gave me, only later finding out how much hassle i will have to go through because of it.

    After i got out, i went to school, and enrolled into ROTC but had to drop out since i could not go back in with my RE code. After i graduated i got a waiver to reenlist into guard and enlisted in February 2011. When I reenlisted i was told that my previous discharge would not be in play, and i would be able to commission through OCS after my commander recommends me for it. So i got my commanders recommendation and was enrolled in OCS, only to be dropped again, because of my prior discharge. According to what i was told i can not commission because i received a discharge for misconduct, even so there is nothing banning from serving as enlisted in any branch either active or reserve.

  • #2
    Re: OCS Waiver

    I had some tech problems when posting this thread, and some info got cut out.

    To give you little bit more info and just to show that i did my homework, so to speak:

    Army Regulation 135–100, Chaper 7-1 Ineligibles states, among others that following are ineligible:
    c. Persons dropped from the rolls or released from AD, or separated from any component of the U.S. Armed Forces for any of the following reasons:
    1) Under other than honorable conditions. If, on appeal, an individual’s discharge was changed to separation “under honorable conditions,” he or she is not eligible for appointment solely because of such change. The change in the character of discharge does not alter the official record of the service. Appointment will be tendered or refused based on the facts and merit of the individual case.
    (2) For unsatisfactory service.
    (3) Resignation for the good of the service in lieu of court–martial, involuntary separation, or any form of disciplinary or corrective action.

    These are three categories that relate to me, but not directly.
    The first one doesn't directly apply because my original discharge was Under honorable condition, and its not Other than Honorable upgraded to Under honorable.
    The third one also doesn't apply directly because even so i did ask to be released it was not in lieu of court–martial, involuntary separation, or any form of disciplinary or corrective action, plus as an junior enlisted i cant technical resign.
    The second one is related to me but also questionable, I was dropped from the rolls or released from AD and my separation code states for misconduct, but at the same time i am enlisted and honorably serving as of right now and my service is very satisfactory, there is no problems with PT, weapon qual, ASVAB, job performance, so on, 90th + percentile in all categories. I could not find no clear definition what is characterized as unsatisfactory service, but was told that my discharge falls under it. The issue that i want help with is, that my ineligibility comes not from any of the acts that i did in the past, but out of the separation code given to me during my discharge, since Under Honorable discharge is not a disqualifier, according to the reg, and my RE code has been automatically changed after i reenlisted. In Air Force from what I found out, one can be separated for Minor Disciplinary Infractions, as a result of three or more violations of nonpunitive regulations or minor offenses under the UCMJ that resulted in informal or formal counselings, letters of reprimand or Article 15. I had more than 3, around 12, but none of them were Articles 15 or even serious violations that could have been Article 15. Without the separation code, none of the acts for which i was reprimanded or counseled for disqualify me from commission, which means my ineligibility comes only from my separation code, and not from the acts that lead to it. In my current unit, my commander, first sargent, and everyone in my chain of command supports me in my desire to become an officer, but noone knows what can be done to fix my problem.
    If any one in here knows of a way to help me, i would greatly appreciate it.