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Army and Marine Corps Grant More Felony Waivers

http://www.nytimes.com/2008/04/22/washington/22waiver.html?ex=1366603200&en=d4889ad8d8406a80&ei=5089&partner=rssyahoo&emc=rss

Strained by the demands of a long war, the Army and the Marine Corps recruited significantly more felons into their ranks in 2007 than in 2006, including people convicted of armed robbery, arson and burglary, according to data released Monday by a House committee.

The number of waivers issued to active-duty Army recruits with felony convictions jumped to 511 in 2007, from 249 in 2006. Marine recruits with felony convictions rose to 350 from 208.

Over all, the numbers represent less than 1 percent of the 115,000 new enlistments last year in the active-duty Army and Marine Corps.

Coupled with sharp increases in the number of waivers for misdemeanors, the trend raises questions about the military’s ability to attract quality recruits at a time when it is trying to increase enlistment. The Army, which has suffered the most war casualties and the longest deployments in Iraq and Afghanistan, faces an especially difficult challenge in attracting qualified men and women.

From Sept. 30, 2006, to Sept. 30, 2007, the Army granted so-called conduct waivers for felonies and misdemeanors to 18 percent of its new recruits, an increase of three percentage points from the previous year. So far, in just the first six months of this fiscal year, the Army has granted waivers to 13 percent of its recruits.

“It raises concerns,” said Representative Henry A. Waxman, the California Democrat who is chairman of the House Committee on Oversight and Government Reform, which requested the information on felony waivers from the Department of Defense. “An increase in the recruitment of individuals with criminal records is a result of the strains put on the military by the Iraq war and may be undermining our military readiness.”

Mr. Waxman said his committee had requested additional information on the specifics of the felony waivers, the rationale for granting them and the waiver program’s track record.

Lt. Col. Patrick Ryder of the Air Force, a Defense Department spokesman, said waivers were used among the services rarely and judiciously. Dispensations are granted only after a careful review of any applicant’s record and the circumstances surrounding the charge or conviction, Colonel Ryder said. Often, he added, the charges occurred when the recruits were juveniles and were less serious than they appeared initially.

Only one in three young men in the general population meet the physical, mental, educational and other eligibility requirements to enlist in the armed forces. Colonel Ryder said that in the past year, the percentage of waivers issued to people with criminal histories and medical conditions declined for the Defense Department in general.

“The services continue to ensure that numerical recruiting missions are met with above-average young men and women from across America,” Colonel Ryder said. “Low unemployment, a protracted war on terror, a decline in propensity to serve and a growing disinclination of influencers to recommend military service make the current environment a challenging one for recruiters.”

The 2006 and 2007 Pentagon data released Monday show for the first time the number of dispensations issued for specific felonies. The number of Army waivers for aggravated assaults with a dangerous weapon rose to 43 from 33. Waivers for burglaries increased to 106 from 36. Waivers for possession of narcotics, excluding marijuana, rose to 130 from 71 and for larceny to 56 from 26.

In the Marine Corps, waivers for burglary convictions rose to 142 from 90, while those for aggravated assault increased to 44 from 35.

The Army also listed a handful of felony waivers granted for kidnapping, making terroristic threats, rape or sexual abuse, and indecent acts or liberties with a child.

Lt. Col. Anne Edgecomb, an Army spokeswoman, said the waivers had been carefully vetted and were not as serious as they appeared on paper. The kidnapping charge involved a divorced woman who moved out of state with her child without the permission of her former husband, she said. One terroristic threat charge involved a 14-year-old who called in a bomb threat to his school, and the other also involved a minor.

The rape and sexual abuse charges stemmed mostly from relationships between minors and older boyfriends, Colonel Edgecomb said. None were violent sexual crimes, she added.

“We take this incredibly seriously,” Colonel Edgecomb said. “This is our Army, too. We have to serve with the people we allow in.”

Military analysts, though, say these are exactly the kinds of recruits who would never have been allowed into the Army before the war in Iraq. To reach its recruiting targets, the Army has had to soften many of its requirements. It now allows in more recruits who did not graduate from high school and who received lower test scores in their service entry exams. Recruits are older and less physically fit. And there are more people in the service with medical conditions that would have otherwise disqualified their enlistment.

“With the Iraq war being as controversial as it is and absent any higher level call to service, it’s a very difficult challenge to all the services, particularly the Army,” said Michele Flournoy, the president and co-founder of the Center for a New American Security, a centrist research organization that focuses on national security and military policies. “The fact that the use of waivers has increased dramatically is something that should be of concern and should be watched over time.”

Re: Army and Marine Corps Grant More Felony Waivers

In addition, the new data provided to the Committee shows for the first time some of the offenses for which the Army and Marine Corps have granted waivers.

In 2007, the Army and Marine Corps granted 87 waivers to enlistees who had been convicted of "aggravated assault,
assault with a dangerous weapon, or maiming," 248 waivers to enlistees who had been convicted of "burglary," and 130 waivers to enlistees who had been convicted of "narcotics or habit-forming drugs; wrongful possession or use (marijuana not included).,, The Army and
Marine Corps also granted small numbers of waivers for the crimes of "rape, sexual abuse,sexual assault, criminal sexual abuse, incest, or other sex crimes," "indecent acts or liberties
with a child, molestation,and "Terrorist threats including bomb threats.
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Full Reports can be found in link below plus info released by the DOD.

http://oversight.house.gov/story.asp?ID=1889