Friday, Sep 3rd, 2010

Irregular Army: The rise of assorted criminals and felons in the US military

Since the War on Terror the number of “moral waivers” given to individuals with a criminal record has skyrocketed. In 2007, the Army admitted about 25% more recruits who had a history of legal problems, which ranged from felony convictions to drugs offences. From 2006 to 2007 the number of “moral waivers” granted to the Army went up from 8,129 to 10,258; the Marine Corp in the same period saw an increase from 16,969 to 17,413.

By Matt Kennard on Friday, May 15th, 2009 - 732 words.

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uncle-samSince the War on Terror the number of “moral waivers” given to individuals with a criminal record has skyrocketed. In 2007, the Army admitted about 25% more recruits who had a history of legal problems, which ranged from felony convictions to drugs offences. From 2006 to 2007 the number of “moral waivers” granted to the Army went up from 8,129 to 10,258; the Marine Corp in the same period saw an increase from 16,969 to 17,413.

Being a felon used to be a bar to enlistment in the US military but in 2007, even 511 felons were granted waivers, which more than doubled the number from 2006, 249.  Waivers granted for legal reasons now constitute the majority of all waivers – 60% for the Army, and 75% for the Marine Corps. And the number of waivers being granted is continuing to increase: in 2008, 13% of all the Army’s new recruits (more than 10,000) received “moral waivers”. The number of waivers granted to Army recruits with criminal backgrounds grew 65% from 2003 to 2006.

The crimes that have been waived mostly involved theft but there was a smattering of cases with egregious offences that ranged from sexual assault to threats of terrorism. Last year the Pentagon released data for the first time which detailed the specific felonies that had been waived. Army waivers for aggravated assaults with a dangerous weapons went from 33 to 43 from 2006 to 2007. And in the same period burglary waivers went from 36 to 106.  For narcotics possession it from 71 to 130, and for forgery from 26 to 56.

The New York Times profiled Osvaldo Hernandez who served a one-year sentence for a felon conviction for possessing an unregistered pistol. The day after he came out he walked into an Army recruiting office in New York City and four years later, in 2007, he was Specialist Hernandez, a paratrooper in the 82nd Airborne Division in Afghanistan.

It’s effect has been largely negative. Some within the military establishment say its consequence is a lack of “trust and cohesion” within the ranks. Studies also show that those with waivers are “quite a bit more likely” than other recruits to be separated from the service for misconduct within two years, and “recruits with felony waivers have the highest chance of misconduct separation”.

The new policy on criminals has piqued the interest of lawmakers. “The signification in crease in the recruitment of persons with criminal records is a result of strain put on the military by the Iraq war,” explains Rep. Henry A. Waxman (D-Calif.), chairman of the House Oversight and Government Reform Committee. Waxman goes on the warn that this progression “may be undermining our military readiness.”

Contrariwise, some in the Army reason that the waivers are a more democratic way of getting recruits. “The thing is, you’ve got to give people an opportunity to service,” said Lt. Gen. James D Thurman, the Army’s operations chief. “We are growing the Army fast, there are some waivers… it hasn’t alarmed us yet.” In a way, he is right, there is a case to be made that one-time criminals should not be made criminals for life, and therefore blocked from any public position. Douglas Smith of Army Recruiting Command also puts forward the thesis that there “are more and more young people getting caught up in the criminal justice system than in the past,” which means that the US military has had to become more lenient to compensate.

Waivers are meant to be used in special cases when prospective soldiers were juveniles or when their crimes appear less serious in hindsight. Waivers thus are a vital part of military recruitment as they accept that not all cases are ironclad. Now though, the waivers have been used to plug gaps in general recruiting, a new progression.

This seems to be a problem mostly in the Army and Marines, however. Felony waivers in the Navy fell from 48 to 42 from 2006 to 2007, and the Air Force admitted no-one in the same period.

But many people are expecting this to come back and bite the Army and Marines on its ass. “The fact that the use of waivers has increased dramatically is something that should be of concern and should be watched over,” said Michele Flournoy, the former president and co-founder of the Center for a New American Security, a think tank that focuses on national security and defense policies.

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One Comment

  1. Chirs says:

    Maybe you should stop and think that some of us have made mistakes along the way. We ask for "waivers" in hopes of redeemption and to be a positive image for our children. Not to down play your achievments at all but we all can't cross an ocean to earn a master's degree. Seems that the rise in waivers given means we are more willing to sacrifice for our families and shovel shit for our country. I have yet to see where the coffins coming home are marked for who recieved waivers and who didn't.

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Matt Kennard
26
London

Matt Kennard graduated from the Journalism School at Columbia University as a Toni Stabile Investigative scholar in 2008. He now works for the Financial Times in London. He has written for the Guardian, Salon, The Comment Factory and the Chicago Tribune, amongst others. In 2006 he won the Guardian Student Feature Writer of the Year Award



mattkennard@thecommentfactory.com
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