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Suitability Review with dismissed domestic battery

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  • Suitability Review with dismissed domestic battery

    Hello Fellow Americans,
    I am currently under suitability review and i would like to know what others think of my situation.

    6 years ago I was arrested for domestic battery. I spent an evening in jail and my dad bailed me out. I never went to court following that and the charges were dismissed. Here is my story: My dad has been with this woman for 8 or so years now, she has been to prison twice and arrested 2 dozen times, she is an alcoholic, and attempted suicide. What her police records do not show is that she tried to murder me and my dad with a knife, and she opened my mail that had my wallet inside with uncancelled credit cards and maxed them out (i'm sure you want to know why we didn't call the police and i will answer if you ask, but it takes us away from the point). Moving on. The day I was arrested I came home and heard her on the phone saying vulgar things to my mother, I could tell it was my mom on the phone, she has a distinct voice. I started to argue with her and she hung up the phone and turned her rage to me. We've argued more times than I can count, and I started walking towards my room downstairs. She continuing her slurring vulgarity and I called her a ****. She went nuts and started chasing me down the stairs, starts throwing punches like crazy, and I grabbed her hands and held on to prevent further attacks. I did not strike, spit, bite, etc.. Just held on. I let her go and she says she is calling the police, I was like "go ahead, you're calling them on yourself." The police show up and talk to her, I waited patiently to tell my side, I figured if I tried to interrupt they'd just tell me to calm down and wait to be spoken to. Oh and btw, she played it up and asked for an ambulance.. The police come over to me and put me in cuffs right away. I was so pissed, I couldn't believe they arrested me before hearing both sides. Long story short, she tried pressing charges, but the state wouldn't allow it. She's attempted to push my father and I apart since she walked in, I did nothing wrong but she saw her chance to screw with me further, and being an expert in police encounters, she knew the police would arrest the male in the situation.

    Long story short, I have been in no other trouble. I have been to college and grad school for a short time, don't do drugs, didn't miss a single question on the practice ASVAB at the recruiters station, I've been doing martial arts for 10 years, and I am in above average shape. My recruiter has spent over a month collecting my records and is still not finished, I don't see why it is taking so long, but I can't do anything about it. He says once he gathers them, Washington will make a decision within 3 days.

    What I would like to know is if someone you know has entered the Guard with dismissed domestic battery or what you think my chances are. Also, I am attempting to go the route of OCS because I have enough credits. Does my MOS have any effect on whether or not I will be accepted through my suitability review? I would change it to 11B if required and work my way towards OCS if it improves my chances.

    Prior to 2013 I wouldn't have worried about this suitability review, but I keep hearing that the military budgets are shrinking and they are asking soldiers if they would like to leave before the end of their contract or kicking people out for things they wouldn't have before. Thank you for your time.
    Last edited by Mr_Loki; April 9th, 2013, 09:22 AM. Reason: edited a naughty word

  • #2
    Re: Suitability Review with dismissed domestic battery

    Did you write this same story for your suitability review?

    Now that your waiver request is heading to NGB, all you can do is hope and wait.

    Comment


    • #3
      Re: Suitability Review with dismissed domestic battery

      Do you have an arrest disposition document?

      Personally, I would have not written all that stuff. I would have said. "I was arrested on this time and date because my father's wife falsely accused me of domestic battery". Charges dismissed. The End. I have the disposition here. You talking about the full monty set off the suitability review and writing it the way that you did, may get you denied.
      Last edited by Chief Kemosabe; April 7th, 2013, 10:02 AM.

      Comment


      • #4
        Re: Suitability Review with dismissed domestic battery

        i didn't have the arrest disposition document, if that's needed i'm sure my recruiter will take care of it. I've asked him a couple times if there is anything i can do to help and he says, "not really, i will take care of it." and i didn't write what my original post said per se. I'll sum it up for you. I explained the incident, and about the woman's criminal record, that i waited to tell the police my side of the story but was never given a chance, i explained her character and that the judge dismissed the charges and never heard a word about it again. I assume it is too late to rewrite my letter because he said he scanned it somewhere, but i will ask him if i can.

        Comment


        • #5
          Re: Suitability Review with dismissed domestic battery

          Well I wish you luck. Just wait and hope for the best.

          Comment


          • #6
            Re: Suitability Review with dismissed domestic battery

            Originally posted by Achilles Cole View Post
            Hello Fellow Americans,
            I am currently under suitability review and i would like to know what others think of my situation.

            6 years ago I was arrested for domestic battery. I spent an evening in jail and my dad bailed me out. I never went to court following that and the charges were dismissed. Here is my story: My dad has been with this woman for 8 or so years now, she has been to prison twice and arrested 2 dozen times, she is an alcoholic, and attempted suicide. What her police records do not show is that she tried to murder me and my dad with a knife, and she opened my mail that had my wallet inside with uncancelled credit cards and maxed them out (i'm sure you want to know why we didn't call the police and i will answer if you ask, but it takes us away from the point). Moving on. The day I was arrested I came home and heard her on the phone saying vulgar things to my mother, I could tell it was my mom on the phone, she has a distinct voice. I started to argue with her and she hung up the phone and turned her rage to me. We've argued more times than I can count, and I started walking towards my room downstairs. She continuing her slurring vulgarity and I called her a ****. She went nuts and started chasing me down the stairs, starts throwing punches like crazy, and I grabbed her hands and held on to prevent further attacks. I did not strike, spit, bite, etc.. Just held on. I let her go and she says she is calling the police, I was like "go ahead, you're calling them on yourself." The police show up and talk to her, I waited patiently to tell my side, I figured if I tried to interrupt they'd just tell me to calm down and wait to be spoken to. Oh and btw, she played it up and asked for an ambulance.. The police come over to me and put me in cuffs right away. I was so pissed, I couldn't believe they arrested me before hearing both sides. Long story short, she tried pressing charges, but the state wouldn't allow it. She's attempted to push my father and I apart since she walked in, I did nothing wrong but she saw her chance to screw with me further, and being an expert in police encounters, she knew the police would arrest the male in the situation.

            Long story short, I have been in no other trouble. I have been to college and grad school for a short time, don't do drugs, didn't miss a single question on the practice ASVAB at the recruiters station, I've been doing martial arts for 10 years, and I am in above average shape. My recruiter has spent over a month collecting my records and is still not finished, I don't see why it is taking so long, but I can't do anything about it. He says once he gathers them, Washington will make a decision within 3 days.

            What I would like to know is if someone you know has entered the Guard with dismissed domestic battery or what you think my chances are. Also, I am attempting to go the route of OCS because I have enough credits. Does my MOS have any effect on whether or not I will be accepted through my suitability review? I would change it to 11B if required and work my way towards OCS if it improves my chances.

            Prior to 2013 I wouldn't have worried about this suitability review, but I keep hearing that the military budgets are shrinking and they are asking soldiers if they would like to leave before the end of their contract or kicking people out for things they wouldn't have before. Thank you for your time.
            There should be a sticky posted about dismissed court cases.

            No matter what you've done if your case has truly been dismissed, then there should be a dismissal sheet on file at the courthouse that has a "NOL PROSSED" stamp on it. As long as you have that document and write a letter explaining what happened (leave all the back story, cuss words, and unecessary details out) then you should be good to go without any issues.
            Last edited by Mr_Loki; April 9th, 2013, 09:23 AM.

            Comment


            • #7
              Re: Suitability Review with dismissed domestic battery

              Originally posted by VICEROY06 View Post
              There should be a sticky posted about dismissed court cases.

              No matter what you've done if your case has truly been dismissed, then there should be a dismissal sheet on file at the courthouse that has a "NOL PROSSED" stamp on it. As long as you have that document and write a letter explaining what happened (leave all the back story, cuss words, and unecessary details out) then you should be good to go without any issues.
              NOL PROSSED is a term that isn't always used. Its a term that seems to be common among the deep south. The difference will be dismissed (or nol proceed) WITH OR WITHOUT prejudice; meaning were there stipulations made by the court for you to complete and or pay before they "dismissed" the charge.

              Comment


              • #8
                Re: Suitability Review with dismissed domestic battery

                Originally posted by Mr.Incognito View Post
                NOL PROSSED is a term that isn't always used. Its a term that seems to be common among the deep south. The difference will be dismissed (or nol proceed) WITH OR WITHOUT prejudice; meaning were there stipulations made by the court for you to complete and or pay before they "dismissed" the charge.
                Nol pros, nolle pros or nolle prosequi which is latin for "we shall no longer prosecute," or simply "dismissed".

                Comment


                • #9
                  Re: Suitability Review with dismissed domestic battery

                  Originally posted by VICEROY06 View Post
                  Nol pros, nolle pros or nolle prosequi which is latin for "we shall no longer prosecute," or simply "dismissed".
                  Yes..I know that. But not every jurisdiction uses those terms.

                  Comment


                  • #10
                    Re: Suitability Review with dismissed domestic battery

                    I made it in.

                    Comment


                    • #11
                      Re: Suitability Review with dismissed domestic battery

                      Originally posted by Achilles Cole View Post
                      I made it in.
                      Congrats OP. Now, avoid that psycho like the plague and move on with your life.

                      Comment


                      • #12
                        Re: Suitability Review with dismissed domestic battery

                        Now the fun really begins!

                        Comment

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