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Rise in moral waivers troubles lawmaker

As more recruits receive “moral waivers” for past criminal incidents in order to enlist — with waivers for felonies up 38 percent — at least one lawmaker is questioning the lengths to which the services are going to meet recruiting goals.

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But the Pentagon’s top personnel official, David S.C. Chu, told a House subcommittee he is “not troubled” by the numbers.

Chu, undersecretary of defense for personnel and readiness, said no one gets a waiver for criminal behavior without having their case reviewed by a flag or general officer.

The military does not accept anyone convicted of a violent crime such as murder, rape or armed robbery, nor does it take in anyone who has a pending criminal charge or is on probation or parole. It also does not let people enlist as part of a plea bargain to avoid prosecution.

However, the services do accept people convicted of petty larceny, vandalism, driving while intoxicated or traffic violations. The Army, Navy and Air Force require a waiver for anyone with six or more traffic violations, while the Marine Corps requires a waiver for five or more.

The Marine Corps also has the toughest policy on drug use, requiring a waiver for even one-time marijuana use. That tougher standard is why the Corps — the smallest of the services — has the highest number of waivers.

Rep. John McHugh, R-N.Y., former chairman and now ranking minority member of the House Armed Services military personnel subcommittee, raised the issue of waivers at a Feb. 15 hearing about recruiting and retention. McHugh said he understood why waivers are needed, but called the statistics “troubling.”

Chu said the Defense Department perhaps could change how it counts the waivers in the future.

“We count in the most unkind way,” he said, noting that waivers are required even for recruits who were arrested but had the charges dropped, and that some felony charges can be for minor acts, such as breaking a window.

In a written report to Congress, defense officials said the military is “not an alternative to the criminal justice system and shall never be viewed as an alternative source of rehabilitation for those that have not subscribed to the legal and moral standards within American society.”

Waivers are nothing new. What is new is that the services are meeting their recruiting goals by letting in more people they previously would have turned away for medical and moral reasons.

In 2003, the services let about 8,900 recruits enlist who did not meet medical standards. In 2006, the number climbed to 12,300.

Overall, 30,952 recruits received moral waivers in 2003. By 2006, the number climbed to 34,500.

While medical waivers raise questions about whether recruits will be able to complete their enlistments, the moral waivers garner more attention because of the idea that the military is letting criminals into the ranks.

Defense officials, seeking to downplay the significance of the waivers, have told Congress that allowing exceptions to the military’s policy makes sense.

“A one-time incident may not accurately reflect the character or potential of an enlistee,” defense officials said, stressing that the purpose of tough entrance standards is to weed out people who either won’t make good service members or might not complete their enlistment contract. Standards are so tough that two-thirds of service-aged men and women could not qualify without a waiver, officials said.

“The waiver process recognizes that some young people have made mistakes, have overcome their past behavior and have clearly demonstrated the potential for being productive, law-abiding citizens and members of the military,” defense officials said.

When an offense occurred can make a difference, defense officials said. Offenses committed when the potential recruit was a juvenile are given less weight than recent offenses. Having a stable job and references from teachers, coaches or clergy can mitigate criminal history. And signs of remorse or changes in behavior also are considered, officials said.