[Title 32 CFR 571]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Chapter V - DEPARTMENT OF THE ARMY]
[Subchapter F - PERSONNEL]
[Part 571 - RECRUITING AND ENLISTMENTS]
[From the U.S. Government Printing Office]
32NATIONAL DEFENSE32002-07-012002-07-01falseRECRUITING AND ENLISTMENTS571PART 571NATIONAL DEFENSEDEPARTMENT OF THE ARMYPERSONNEL
PART 571--RECRUITING AND ENLISTMENTS--Table of Contents
Sec.
571.1 General.
571.2 Basic qualifications for enlistment.
571.3 Waivable enlistment criteria including civil offenses.
571.4 Periods of enlistment.
571.5 Enlistment options.
Authority: Section 3012, 70A Stat. 157; 10 U.S.C. 3012.
Source: 44 FR 9745, Feb. 15, 1979, unless otherwise noted.
Sec. 571.1 General.
(a) Purpose. This part gives the qualifications for men and women
enlisting or reenlisting in the Regular Army (RA). The procedures
simplify and standardize the processing of applicants through the
recruiting service. The applicant's ability to meet all requirements or
exceptions will determine eligibility. This includes obtaining
prescribed waivers.
(b) Definitions. The following definitions apply to this part:
(1) Enlistment. The first voluntary enrollment in the Regular Army
as an enlisted member.
(2) Reenlistment. The second or subsequent voluntary enrollment in
the Regular Army as an enlisted member.
(3) United States Army. The Regular Army, Army of the United States
(AUS), Army National Guard (ARNG) of the United States, and the United
States Army Reserve (USAR).
(4) Regular Army (RA). The permanent Army, which is a major
component of the United States Army, as used in this part distinguishes
it from the other major components.
(5) Prior Service (PS). One or more days of completed active duty in
a regular component or of extended active duty in a Reserve component of
any of the Armed Forces, in the Army National Guard or Army Reserve
programs of active duty for training pursuant to the Reserve Forces Act
of 1955; in the Reserve Enlistment Program of 1963; or in similar
programs of any of the Army Forces. Short periods of active duty for
training in any other programs will not meet prior service requirements
in this part.
(6) Non-Prior Service (NPS). No previous service in any of the Armed
Forces of the United States, or previous service without completion of 1
or more days of active duty or active duty for training as given in
paragraph (b)(5) of this section.
(7) Within 3 months of separation. The 3 month's period when an
individual must reenlist to be eligible for certain benefits. This
period begins on the day following separation and ends with the date of
the month, 3 months later, that corresponds to the separation date. When
there is no corresponding date in the 3rd month, the terminating date
will be the last day of that month. For example, an individual separated
on 31 January has a terminating date of 30 April.
(8) Major commanders. The following have commanding generals, United
States Army Forces Command (FORSCOM); United States Army
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Training and Doctrine Command (TRADOC); US Army Military District of
Washington (MDW); US Army Materiel Development and Readiness Command
(DARCOM); US Army Intelligence and Security Command (INSCOM); US Army
Communications Command (ACCOM); US Army Criminal Investigation Command
(CIDC); US Army Health Services Command (HSC); Military Traffic
Management Command (MTMC); Commander in Chief, US Army Europe and
Seventh Army (CINCUSAREUR): Eighth US Army; and US Army Japan (USAJ).
(9) Dependent. The term ``dependent'' means:
(i) A spouse. This does not include a common law spouse unless so
judged by a civil court.
(ii) Any unmarried natural (legitmate or illegitimate) or adopted
child of the applicant if the child is under 18 year of age, whether or
not the applicant has custody of the child, and regardless of who has
guardianship of the child. If the applicant's child has been adopted by
another person (Final adoption decree issued and effective) then the
child is not the applicant's dependent. The term ``natural child''
includes any illegitimate child claimed by the applicant to be his/her
child or judged to be his/her child by court order.
(iii) Stepchild of the applicant who resides with the applicant if
the stepchild is under 18 years of age.
(iv) Any other person who is dependent on the applicant for over
one-half of his/her support.
(10) Applicant without a spouse. An applicant who is unmarried, is
divorced, is legally separated, whose spouse is deceased; has deserted
applicant, is incarcerated, is not residing permanently with applicant,
or applicant has sole custody of the dependent(s).
(c) Delayed Entry Program (DEP). The Commanding General, United
States Army Recruiting Command (USAREC) is authorized by 10 U.S.C. 5-11a
to organize and administer DEP. Applicants enlisted in DEP are assigned
to the United States Army Reserve (USAR) Control Group (Delayed Entry).
Only qualified applicants who agree to subsequently enlist in the
Regular Army may enlist in DEP.
Sec. 571.2 Basic qualifications for enlistment.
(a) Age requirements. (1) Non-prior service. Applicants must be 17
to 34 years old, inclusive.
(2) Prior service. Applicants must be 17 to 34 years old. If 35 or
older but less than 55 years, they will qualify if they:
(i) Have a minimum of 3 years honorable active service in any one of
the Armed Forces, with at least 1 or more days of Army service.
(ii) Be not less than 35 years old plus the number of completed
years of prior honorable active military service.
(3) Exceptions. Applicants will be exempt from the above age
requirements if they can qualify for retirement by age 60, are not 55 or
older with 20 or more years of active service, and if they are:
(i) Honorably discharged active duty commissioned or warrant
officers who enlist within 6 months after their separation date or who
were awarded the Medal of Honor, Silver Star, or the Distinguished
Service Cross.
(ii) Enlisted members who separate from the Regular Army with an
honorable or general discharge and reenlist within 3 months after
separation date.
(4) Parental consent. The written consent of parents or legal
guardian is required for applicants under 18 years of age.
(b) Citizenship requirements. The applicant must be:
(1) A citizen of the United States, or
(2) An alien who has been lawfully admitted to the United States as
a permanent resident, or
(3) A National of the United States (Citizen of Puerto Rico, Guam,
American Samoa or the Virgin Islands).
(c) Trainability requirements. (1) Non-prior service. For enlistment
in mental group category I-III applicants must have a high school
diploma (HSD) or General Education Development (GED) Certificate. HSD or
GED scores must be 90 or above in one or more aptitude areas in Armed
Services Vocational Aptitude Battery (ASVAB) tests. Mental group IV
requires two. Non-high-school graduates (NHSG) in mental group I-IIIA
require two. Applicants must meet all other criteria for the option they
wish to select. (See Sec. 571.2(c)(3).)
[[Page 376]]
(2) Prior service. Applicants must meet the mental requirements in
paragraph (c)(3) of this section, or qualify for exemption from these
requirements through:
(i) Award of the Medal of Honor.
(ii) Award of the Distinguished Service Cross, Navy Cross, or Silver
Star Medal, with less than 20 years of active military service.
(iii) Partially disabling combat-wounds with less than 20 years of
active military service.
(3) Mental categories and eligibility for enlistment.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Enlistment eligibility \3\
Applicant Age Education Mental category \2\ ------------------------------- Remarks
level \1\ DEP RA
--------------------------------------------------------------------------------------------------------------------------------------------------------
NPS--male........................ 17............ HSG I-IVB.................. Yes.......... Yes........... 10th grade minimum unless over 22
GED I-IIIA................. Yes.......... No............ years old, then 11th grade
GED IIIB-IV................ Yes........... minimum.
No............
NHSG I-IIIA................. Yes.......... Yes...........
NHSG IIIB-IV................ No........... No............ Eligible for RA if graduates. If
HSSR I-IVB.................. Yes.......... (See remarks). NHSG, meet criteria of this
table.
NPS--male........................ 18 or older... HSG I-IVB.................. Yes.......... Yes........... 10th grade minimum unless over 22
GED I-IIIB................. Yes.......... Yes........... years old, then 11th grade
GED IV..................... No........... No............ minimum.
NHSG I-IIIA................. Yes.......... Yes...........
NHSG IIIB................... Yes.......... Yes........... 11th grade minimum regardless of
NHSG IV..................... No........... No............ age.
HSSR I-IVB.................. Yes.......... (See Remarks). Eligible for RA if graduates. If
NHSG, meet criteria of this
table.
NPS--female...................... .............. HSG WST 50 or higher....... Yes.......... Yes........... Eligible for RA if graduates.
GED ....................... No........... No............
NHSG ....................... No........... No............
HSSR ....................... Yes.......... Yes...........
Prior service--male.............. .............. HSG I-IIIB and three Yes.......... Yes...........
GED aptitude scores of 90 Yes.......... Yes...........
NHSG or higher. No........... No............
Prior service--female............ .............. HSG Three aptitude scores Yes.......... Yes........... If female is a member of USAR/ARNG
GED of 90 or higher. Yes.......... Yes........... prior to RA enlistment, a minimum
NHSG No........... No............ Womens Selection Test (WST) score
of 50 is required in addition to
3 aptitude scores of 90 or
higher.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Education definitions:
a. High school graduate (HSG). An applicant who has graduated from an accredited high school with a diploma, a certificate of graduation, or statement
of completion.
b. General Education Development (GED) equivalency. An applicant who has evidence of completion of the high school level GED equivalency.
c. Non-high school graduate (NHSG) and high school senior (HSSR). Self explanatory.
\2\ CAT I 93-100, CAT II 65-92, CAT IIIA 50-64, CAT IIIB 31-49, CAT IVA 21-30, CAT IVB 16-20.
\3\ Applicants must meet the additional prerequisites for training in the selected military occupational specialty (MOS) as indicated by the option and
REQUEST System.
(d) Education requirement. (1) Applicants must meet the following
educational requirements of the specific enlistment option.
(i) Female applicants must be high school graduates.
(ii) Male applicants, 17-22 years of age, must have successfully
completed the 10th grade or equivalent. Males, 23 or older at time of
entry on active duty, must have successfully completed the 11th grade or
equivalent.
(iii) Aliens or applicants completing high school requirements in
foreign countries must take the GED or have obtained an evaluation in
accordance with table 2-5, note 5d, AR 601-210 to be considered a high
school graduate for enlistment purposes.
(iv) Minimum education requirements, in a foreign country, given in
paragraph (d)(1)(iii) of this section are the same in the United States.
(2) Prior service applicant must either:
(i) Possess a diploma or certificate of graduation from high school;
or
(ii) Present documentation of successful completion of high school
level or higher GED equivalency.
[[Page 377]]
(e) Physical requirements. (1) The applicant must:
(i) Meet the enlistment physical fitness standards given in chapter
2, AR 40-501.
(ii) Meet any additional requirement of the specific enlistment
option.
(iii) Request a waiver if the AFEES medical examining officer
decides an exception to medical standards is appropriate.
(2) Prior service applicants must meet the weight standards in
appendix A, AR 600-9 and
(i) The retention medical fitness standards in chapter 3, AR 40-501,
if applicant enlists within 6 months of RA separation.
(ii) The enlistment medical fitness standards in chapter 2, AR 40-
501 (except the weight standards of paragraph 2-22, AR 40-501) if
applicants enlist 6 months from the last RA separation date, or if
applicants last separated from another service or component and meets
the weight tables in appendix A, AR 600-9.
(iii) The retention medical fitness standards in chapter 3, AR 40-
501 if applicant is an active member of USAR/ARNG unit and meets the
weight tables at appendix A, AR 600-9.
(iv) Any additional requirements for the specific enlistment option.
(f) Dependent criteria. (1) The applicant may have only three
dependents (see paragraphs (f)(1) and (iii) of this section).
(i) An applicant without a spouse who has one or more dependents
under 18 years of age is disqualified, except as noted in paragraphs
(f)(1) (ii) and (iii) of this section. No waiver is authorized.
(ii) An applicant may be enlisted when dependent children are in the
custody of the other parent by court order, and the applicant is not
required to provide child support. No waiver is required.
(iii) An applicant, required to pay child support for no more than 2
dependents under 18 years of age when dependents are in the other
parent's custody by court order, may enlist without waiver.
(iv) In meritorious cases, an applicant with a spouse may request
waiver of paragraph (f)(1) of this section.
(v) Husband and wife teams who have one or more dependents under 18
years of age are disqualified. No waiver is authorized.
(vi) An applicant with a spouse on active duty with any Service who
has 1 or more dependents under 18 years of age is disqualified.
(2) Prior service. Same as non-prior service for pay grades E-1
through E-3. If eligible for pay grade E-4 or higher, may enlist without
regard to number and ages of dependents. However, the provisions of
paragraphs (f) (i), (ii), (iii), (v), and (vi) of this part for
applicants without prior service apply.
Sec. 571.3 Waivable enlistment criteria including civil offenses.
(a) Waivers of enlistment eligibility criteria--(1) General. This
section gives the procedures for initiating and processing requests for
waiver to meet the basic qualifications for enlistment.
(2) All waiver authority. The Commander, U.S. Army Enlistment
Eligibility Activity (USAEEA) may act for the Commanding General, U.S.
Army Military Personnel Center (MILPERCEN) to process, approve and
disapprove waivers for enlistment.
(3) Waiver disapproval authority. The responsibility for deciding if
a waiver request warrants favorable consideration rests at all levels.
(4) Validity period. Unless otherwise stated in the waiver document,
waivers are valid for 6 months.
(5) Waiver approval authorities--eligibility criteria.
------------------------------------------------------------------------
If disqualification is-- Then approval authority is--
------------------------------------------------------------------------
(i) Medical:
Non-prior service....................... CG, USAREC
Prior service........................... CG, MILPERCEN
(ii) Underweight or overweight (+ or -5
lbs.):
Non-prior service....................... AFEES Senior Medical Officer
Prior service........................... None. Prior service
applicants enlisting in DEP
or active Army must meet
the AR 600-9 weight
standards. No waivers are
authorized.
(iii) Dependents.......................... CG, MILPERCEN
(iv) AWOL:
Lost time 1-15 days..................... CDR, District Recruiting
Command (DRC)
Lost time over 15 days.................. CG, MILPERCEN
[[Page 378]]
(v) Previous discharge for dependency or CG, MILPERCEN
hardship.
(vi) Last separated from any of the Armed CG, USAREC
Forces on the basis of being a sole
surviving person and family member or
applying for enlistment for the first
time.
(vii) Previous conscientious objectors who
are no longer conscientious objectors:
Non-prior service....................... CG, USAREC
Prior service........................... CG, MILPERCEN
(viii) Received one or more convictions by CG, MILPERCEN
military courts-martial during last
period of active service or was
discharged with disqualifications (e.g.,
unsuitability, conviction by civil court,
resignation for good of Service,
misconduct, fraudulent enlistment, or bar
to reenlistment).
(ix) Desires to enlist as conscientious
objector:
Non-prior service....................... CG, USAREC
Prior service........................... CG, MILPERCEN
(x) Was denied reenlistment at time of CG, MILPERCEN
last separation from active Service under
Qualitative Screening Process unless
ineligible for enlistment.
(xi) Discharged under the Trainee CG, MILPERCEN
Discharge program or Expeditious
Discharge program.
(xii) Primary Military Occupational CG, MILPERCEN
Specialty (PMOS) Evaluation Score below
70.
(xiii) Persons whose DD Form 214 (Report CG, MILPERCEN (Year Group
of Separation from Active Duty) contains Management)
no PMOS evaluation score.
(xiv) Persons enrolled in the Alcohol and CG, MILPERCEN
Drug Abuse Prevention and Control Program
(ADAPCP) at time of last separation from
active duty.
------------------------------------------------------------------------
(b) Civil offenses--(1) Moral standards. Moral standards for
enlistment deal generally with the acceptability of persons with records
of court convictions or adverse juvenile judgments. The standards screen
out persons who may become serious disciplinary cases and who could
bring harm to a military mission.
(2) Waiver approval authorities--civil offenses.
------------------------------------------------------------------------
If the offense is-- Then approval authority is--
------------------------------------------------------------------------
(i) Minor traffic offenses................ CDR, Recruiting Area
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(ii) Minor non-traffic offenses........... CDR, Recruiting Area
(iii) Misdemeanors........................ CDR, DRC
(iv) Juvenile felonies.................... CG, USAREC
(v) Adult felonies........................ CG, MILPERCEN
(vi) Civil restraint of unconditional CDRs in lines (i) through
suspended sentence or unconditional. (v) for the offenses
involved
------------------------------------------------------------------------
(c) Rules governing processing of moral waivers. (1) Individuals
require a misdemeanor waiver if arrested, cited, charged, or held and
allowed to plead guilty to a lesser offense or to plead guilty to
criminal possession of stolen property (value $100 or less). An arrest
or questioning with no preferral of charges does not require a waiver.
When charges are dismissed without determination of guilt no waiver is
required. A waiver is not authorized if a criminal or juvenile court
charge is pending or if such a charge was dismissed or dropped at any
stage of the court proceedings on condition that the offender enlist in
a military service.
(2) To ensure equal treatment of all persons applying for RA
enlistment, notwithstanding the wide variance in State statutes, the
following guidance is furnished:
(i) Expunging of the record. Some states have procedures for
(subsequent) ``expunging of the record,'' dismissal of charges, or
pardon (upon evidence of rehabilitation of the offender). Such action
has the effect of extinguishing the ``initial conviction'' or ``adverse
juvenile adjudication.'' Under the State law, the applicant then has no
record of conviction or adverse juvenile decision. Despite the legal
effect of this action, a waiver is required to authorize the RA
enlistment of such an applicant. The record is also required to be
revealed.
(ii) Juvenile and youthful offenses. To determine eligibility for RA
enlistment, a juvenile or youthful offense is defined as one committed
by the applicant under the age that the individual could enlist in the
RA without parental consent. Offenses committed below the age of 18 are
considered juvenile or youthful offenses regardless of disposition of
civil authorities. For example, a juvenile felony is one committed by an
applicant under 18, whether or not the result is a civil court
conviction or adverse juvenile judgements. On the other hand, an adult
felony is one committed by an applicant when 18 years old or older
regardless of what type of court makes the decision.
(iii) Civil court conviction. This term means the decision of guilty
by a court (or a jury) based either on the case's merits, or on the
defendant's guilty plea or nolo contendere, regardless of--
(A) Whether sentence was then imposed, withheld, or suspended, or
(B) Subsequent proceedings deleted an initial decision of guilt from
court records, based on evidence of rehabilitation or completion of a
satisfactory probationary period. Examples of subsequent proceedings in
adult offender cases include pardon; expungement; reopening of the case
to change the original finding of guilty or nolo contendere, to not
guilty, dismissing the charge, amnesty, and setting aside the
conviction. These subsequent proceedings merely recognize
rehabilitation, they do not alter the fact that the offender committed
the criminal act.
(iv) Adverse juvenile judgements. This term--
(A) Means that a judge or a jury in a juvenile court proceedings
determined that the juvenile was guilty of or committed the alleged
acts, that the decision was based either on the complaint's merits or on
the juvenile's admission of guilt or plea of guilty; and that the
decision was recorded in the court records.
(B) Applies, whether or not sentence was then imposed, withheld, or
suspended; and regardless of subsequent proceedings to delete an initial
determination of guilt from court records, based on rehabilitation or
satisfactory probation or supervision. Examples of subsequent
proceedings in juvenile courts include expungement; record sealing;
reopening the case to change the original findings of guilty or
delinquency, or the plea of guilty or admission of the truth of the
allegation, to
[[Page 380]]
not guilty; and dismissal of the original petition and setting aside the
decision of delinquency. These subsequent proceedings merely recognize
rehabilitation. They do not alter the fact that the juvenile committed
the act for which he or she was judged.
(C) Includes judgement as a juvenile delinquent, wayward minor,
youthful offender, delinquent child or juvenile offender, and
declaration of the juvenile as a ward of the court. The term does not
include the judgement of the juvenile as dependent, neglected, or
abandoned.
(v) Unconditional suspended sentence and supervised unconditional
probation. These terms mean a suspended sentence or probationary status
imposed by a court that places no condition upon the individual--
(A) Concerning individual's freedom of movement.
(B) Requiring the payment of damages. (If paid, this requirement is
no bar to waiver consideration.)
(C) Requiring periodic reporting to an officer of the court
(including a probation officer).
(D) Involving supervision by an officer of the court (including a
probation officer). For example, a sentence suspended on sole condition
that the offender must not commit a like offense in the next 12 months
does not bar waiver consideration.
(vi) For prior service personnel. Although the applicant must reveal
all offenses committed, only those require a waiver that are committed
during and/or subsequent to the last period of honorable service, and/or
those not previously revealed. For Reserve Component personnel of any
Service, waivers are required for all offenses shown that require a
waiver, whether or not a waiver was authorized for entry into the
Reserve Component. Waivers granted to enter the Reserve Components are
not valid for Regular Army enlistment.
(d) Waiting period. The waiting period following release from civil
restraint gives the individual an opportunity to demonstrate a
satisfactory adjustment and the Army a basis to judge the applicant's
rehabilitation before enlistment.
(e) Required investigations. If the applicant does or does not admit
a record (to include arrests, charges, juvenile court judgments, and
convictions), and the enlisting agency has reason to believe a record
exists, enlistment action will be held in abeyance pending an
investigation.
(f) Civil restraint. (1) If all civil restraint is ended and there
is substantial evidence of rehabilitation as a law-abiding member of a
civil community, the applicant may be processed for enlistment.
(2) Recruiting personnel will not help directly or indirectly in the
release of an individual from a pending charge so that he or she may
enlist in the Army as an alternative to further prosecution or further
juvenile court proceedings. Equally important, recruiting personnel will
in no way contribute, either tacitly or expressly, to the false notion
that the Army condones such a practice. Persons subject to a pending
charge are not eligible for enlistment. Therefore, they are not eligible
for preenlistment processing to determine their mental and medical
eligibility.
(g) Restrictions on help. Recruitment personnel will not help in any
way to secure the release of individuals from any type of civil
restraint so that these individuals may enlist or start reenlistment
processing. The term ``civil restraint'' includes confinement,
probation, parole, and suspended sentence. Persons under civil restraint
that makes them ineligible for enlistment are not eligible for
preenlistment processing to determine their mental and medical
eligibility for enlistment.
Sec. 571.4 Periods of enlistment.
Enlistments are authorized for periods of 2, 3, 4, 5, or 6 years.
The enlistee's option determines the number of years.
Sec. 571.5 Enlistment options.
Personnel who enlist in the Regular Army for 2 or more years are
authorized certain initial assignment choices. They must meet the
criteria given in AR 601-210. Also, a valid Army requirement must exist
for the skill under which enlisted.
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