As I have often said, there is no right granted to anyone to serve in the United States Military. The respective military departments do have the absolute right to reject you for any reason it deems appropriate. Regardless of how recruiting commercials may "sell" the military, it is not a "jobs program." It's serious business, involving the security of the United States of America, and our country's national interests.
Congress and the courts have held that Title VII of the Civil Rights Act of 1964, which ensures all individuals are treated equally before the law with respect to civilian employment, does not apply to the military profession. No less than seven major Supreme Court decisions are distilled in the these words from Goldman v. Weinberger:
The military is, by necessity, a specialized society (separate) from civilian society.... ‘The military must insist upon a respect for duty and a discipline without counterpart in civilian life,’ in order to prepare for and perform its vital role.... The essence of the military service ‘is the subordination of the desires and interests of the individual to the needs of the service.’ The history of the courts deferring to the judgment of military leaders on matters affecting the Armed Forces is one of the most consistently upheld principles of constitutional law. Furthermore, serving in the military is a privilege and sometimes an obligation, conferring neither the right to serve nor the right to avoid service... (see Kennedy v. Mendoza-Martinez 372 U.S. 144 (1963)).
As such, the military doesn't accept just anyone who wants to join. You must be qualified, under current federal laws and regulations and/or you must receive an approved waiver for the condition which may make you disqualified.
So, what are the general qualifications to enlist in the military? This can be a difficult subject, as -- within limits imposed by Department of Defense (DOD) policies and various federal laws, each of the services are allowed to determine their own standards. In this article, we'll try to cover the main standards, but -- without writing a novel -- it would be impossible to cover them all. For specific questions, it's always best to ask your local military recruiter.
I want to mention right up front that it is a federal offense to provide false information or to withhold requested information on any United States Military Recruiting Document. For details, see our article, I Cannot Tell a Lie.
Age
One would think that age would be a simple category. One is either old enough, or too old, right? Unfortunately, it doesn't quite work that way. By federal law (10 U.S.C., 505), the minimum age for enlistment in the United States Military is 17 (with parental consent) and the maximum age is 35 (Note: Congress changed this to age 42 in 2006). However, DOD policy allows the individual services to specify the maximum age of enlistment based upon their own unique requirements. The individual services have set the following maximum ages for non-prior service enlistment:
Active Army - 42
Army Reserves (Including National Guard) - 42
Active Air Force - 27
Air Force Reserve (inlcuding National Guard) - 34
Active Navy - 34
Naval Reserves - 39
Active Marines - 28
Marine Corps Reserve - 29
Active Duty Coast Guard - Age 27. Note: up to age 32 for those selected to attend A-school directly upon enlistment (this is mostly for prior service).
Coast Guard Reserves - Age 39.
However, prior service enlistees can receive an "age waiver." In most cases, the amount of age that can be waived depends upon the amount of time the individual previously spent in the military. For example, let's say that an individual has four years of credible military service in the Marine Corps and wants to join the Air Force. The Air Force could waive the individual's maximum enlistment age to age 31 (Maximum age of 27 for the Air Force, plus four years credible service in the Marines). For the Marine Corps, the maximum age of enlistment for prior service is 32, after computing the prior-service age adjustment.
For the Army National Guard, the maximum age for non-prior service enlistment is age 39. For the Air National Guard, it's 34. For prior service, the maximum age is 59, as long as the member is able to complete 20 years of creditable service for retirement by age 60.
