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Disqualified from joining?
Last Post 29 Jul 2019 09:01 PM by fieroguy82. 3 Replies.
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fieroguy82User is Offline
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fieroguy82

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04 Jul 2019 07:23 PM
    Hello all,

    I am hoping someone on the forum may better advise and guide me on eligibility to join the Auxiliary as I cannot ascertain from online research alone... the information appears contradictory.

    Here are the details of my case:

    About 20 years ago, a parent meted-out corporal punishment for misbehavior; I had an earnest and sincere fear of excessive bodily harm, so I pushed away the parent and ran to the phone to dial 911 . The responding officer took a hard-line approach and indicated that a juvenile cannot resist physical punishment from a parent by pushing them away, and with the permission of the parent (to teach me a lesson), I was handcuffed and brought to a juvenile detention center - booked under a misdemeanor "simple battery - domestic" charge.

    Despite my desire to fight the charge, it was strongly advised by the state that I accept responsibility and enter a diversion program to avoid prosecution - it was explained to the parent and myself that successful completion was in my best interest and that the result would be as if it never happened. Even the parent asked if we could drop charges and proceedings (they felt I had learned my lesson), and the state indicated that domestic charges would most probably result in the DA electing to pursue, despite the desire of the parent to drop the case, which could result in a conviction.

    Therefore, we chose to complete requirements of the court, after which, charges were dropped by the state... it was listed on my juvenile record as an arrest with charges dropped.

    My arrest and court records were expunged at some point... in my jurisdiction, the paper and digital records were physically destroyed. They do not show-up under query by the state agency's system; the local jurisdiction/court has no record of the arrest or court case. I have no problems passing NICS firearms checks - as a matter of fact, I hold a concealed weapons license that required an FBI fingerprint background check.

    I have been with my wife for 17 years - we have children and have never once had any sort of domestic problem. I have not had any run-ins with law enforcement aside from two minor traffic tickets. I try to live as a productive, good citizen of the United States.

    Recently, I have felt a burning desire to do something for my country... to give back and to become a better role model for my children. I have a bachelor's degree and a successful career in the tech industry - I am ready and willing to offer volunteer services to the Auxiliary, if they'll allow.

    What confuses me are a few things... according to the Coast Guard Recruiting Manual (https://media.defense.gov/2018/May/16/2001917927/-1/-1/0/CIM_1100_2F.PDF), a "Conviction" is:

    "An adjudication of guilt by a criminal or civilian authority, either domestic or foreign, including actions taken tantamount to a finding of guilt, e.g., adjudication withheld; deferred prosecution; entry in adult/juvenile pretrial intervention programs; or any similar disposition of charges such as imposition of fines, probation, community service, etc."

    Note the language explicitly stating that a juvenile pretrial intervention program is a "conviction". Additionally, the manual states:

    "Any applicant convicted of a felony or domestic violence is ineligible for accession."

    Therefore, for purposes of volunteering with the Auxiliary, despite the fact charges were dropped and the arrest record was expunged, the pretrial intervention program is treated as a "conviction". This seems to be confirmed by http://join.cgaux.org/eligibility, which states that an individual is ineligible if "Convicted of any domestic violence charge."

    However, the following link - http://wow.uscgaux.info/content.php...e-uscg-aux - contradicts this as it states that only you "cannot have been convicted of a felony".

    Furthermore, the Coast Guard Auxiliary membership application itself asks (http://forms.cgaux.org/archive/a7001.pdf):

    "3. Have you ever been convicted of a violation of any law of the United States, any State, possession or territory, the District of Columbia, or the Commonwealth of Puerto Rico classified as a major misdemeanor or a felony?"

    ...with no definition as to conviction; therefore, as interpreted, the fact that charges were dropped indicates a non-conviction (contradictory to the Coast Guard Recruiting Manual, which indicates that a diversion program was a "conviction").

    Do I have a chance at joining? I would hate to go through the process only to have my application rejected by PSI at some point.

    Thank you for your time and consideration.

    AuxnoobUser is Offline
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    Auxnoob

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    05 Jul 2019 07:44 AM
    My personal opinion is to apply and explain. Discuss this with either the FSO-HR and/or FC (preferably both) of the flotilla you are interested in. Carry your case up the Chain of L and M and see what their opinions are. All they can say is no. However, taken as a case by itself, it merits consideration. There should be a legal representative in each division or district, and they may be a good resource as well. As an FC, if you were applying to my flotilla that is what I would do.
    PriorQMUser is Offline
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    PriorQM

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    05 Jul 2019 09:04 AM
    Posted By fieroguy82 on 04 Jul 2019 07:23 PM
    Hello all,

    I am hoping someone on the forum may better advise and guide me on eligibility to join the Auxiliary as I cannot ascertain from online research alone... the information appears contradictory.

    Here are the details of my case:

    About 20 years ago, a parent meted-out corporal punishment for misbehavior; I had an earnest and sincere fear of excessive bodily harm, so I pushed away the parent and ran to the phone to dial 911 . The responding officer took a hard-line approach and indicated that a juvenile cannot resist physical punishment from a parent by pushing them away, and with the permission of the parent (to teach me a lesson), I was handcuffed and brought to a juvenile detention center - booked under a misdemeanor "simple battery - domestic" charge.

    Despite my desire to fight the charge, it was strongly advised by the state that I accept responsibility and enter a diversion program to avoid prosecution - it was explained to the parent and myself that successful completion was in my best interest and that the result would be as if it never happened. Even the parent asked if we could drop charges and proceedings (they felt I had learned my lesson), and the state indicated that domestic charges would most probably result in the DA electing to pursue, despite the desire of the parent to drop the case, which could result in a conviction.

    Therefore, we chose to complete requirements of the court, after which, charges were dropped by the state... it was listed on my juvenile record as an arrest with charges dropped.

    My arrest and court records were expunged at some point... in my jurisdiction, the paper and digital records were physically destroyed. They do not show-up under query by the state agency's system; the local jurisdiction/court has no record of the arrest or court case. I have no problems passing NICS firearms checks - as a matter of fact, I hold a concealed weapons license that required an FBI fingerprint background check.

    I have been with my wife for 17 years - we have children and have never once had any sort of domestic problem. I have not had any run-ins with law enforcement aside from two minor traffic tickets. I try to live as a productive, good citizen of the United States.

    Recently, I have felt a burning desire to do something for my country... to give back and to become a better role model for my children. I have a bachelor's degree and a successful career in the tech industry - I am ready and willing to offer volunteer services to the Auxiliary, if they'll allow.

    What confuses me are a few things... according to the Coast Guard Recruiting Manual (https://media.defense.gov/2018/May/16/2001917927/-1/-1/0/CIM_1100_2F.PDF), a "Conviction" is:

    "An adjudication of guilt by a criminal or civilian authority, either domestic or foreign, including actions taken tantamount to a finding of guilt, e.g., adjudication withheld; deferred prosecution; entry in adult/juvenile pretrial intervention programs; or any similar disposition of charges such as imposition of fines, probation, community service, etc."

    Note the language explicitly stating that a juvenile pretrial intervention program is a "conviction". Additionally, the manual states:

    "Any applicant convicted of a felony or domestic violence is ineligible for accession."

    Therefore, for purposes of volunteering with the Auxiliary, despite the fact charges were dropped and the arrest record was expunged, the pretrial intervention program is treated as a "conviction". This seems to be confirmed by http://join.cgaux.org/eligibility, which states that an individual is ineligible if "Convicted of any domestic violence charge."

    However, the following link - http://wow.uscgaux.info/content.php...e-uscg-aux - contradicts this as it states that only you "cannot have been convicted of a felony".

    Furthermore, the Coast Guard Auxiliary membership application itself asks (http://forms.cgaux.org/archive/a7001.pdf):

    "3. Have you ever been convicted of a violation of any law of the United States, any State, possession or territory, the District of Columbia, or the Commonwealth of Puerto Rico classified as a major misdemeanor or a felony?"

    ...with no definition as to conviction; therefore, as interpreted, the fact that charges were dropped indicates a non-conviction (contradictory to the Coast Guard Recruiting Manual, which indicates that a diversion program was a "conviction").

    Do I have a chance at joining? I would hate to go through the process only to have my application rejected by PSI at some point.

    Thank you for your time and consideration.

    I'd bet the family farm you are fine and just getting in your own head. If everything is as you say, there shouldn't be an issue.

    I was in the navy for 4 years with a bench warrant for failure to appear in court. I also had one when I joined. I had a secret security clearance (which is standard issue). 

    I also joined the Auxiliary with that on my record. Granted, the bench warrant was for a failure to provide proof of insurance ticket when I was 17, but a mark on your record is a mark on your record. 

    As long as things are as you stated above, you will be fine. If your record shows a dropped domestic battery charge, that would be another story. I would take the other poster's advice, and warm the conversation up with the FC before submitting your application, so they aren't blind sided if the app comes back. 

    All the best!

    fieroguy82User is Offline
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    fieroguy82

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    29 Jul 2019 09:01 PM
    Thank you for the replies!
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