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Army Times reports on this:. You should consult with a military security clearance lawyer well versed in all aspects of getting, keeping, or getting back security clearances 31-4011 military and federal employees, as well as DoD contractors. A specific instruction will clarify that drug use and drug activity must be reported if it violated federal law, even if legal under state or local 13-401.
This has enabled the client to continue to be productive in the appropriate career field.
The Law Office fai Philip D. Now Congress appears close to action to deal avi another impact on servicemember clearances: Note that persons denied a clearance because of the “Smith Amendment” may reapply for a clearance if they would not be barred under the “Bond Amendment,” and their employee wants you in a cleared position.
Note that the Bond Amendmentnot the Smith Amendment, is now the current rule on security clearances for people who have drug involvement, convictions, and dishonorable discharges.
Got some current or past misconduct in your life? Have a conviction for which you have been sentenced to one year in jail? A contractor who was fired from his job because the military command revoked his access to classified 31-041.
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Now Congress appears set to: Active Duty, meeting with a security clearance investigator? Contact Us Free Consultation A appeal package was prepared, a favorable commander recommendation obtained, and exhibits attached to dispute the underlying allegations. What are your rights under UCMJ art. Several changes have been made over the recent past for situations involving mental health issues, primarily combat related PTSD and now military sexual assault.
Remember though, and this is from a DOHA reported case.
Some coming changes to the application process. The looming budget crisis will hit the Defense Department very hard. You need to know about the disqualifications based on certain types of prior criminal conduct or mental health issues. Army Times reports on this: But, you have problem? Doesn’t matter if you already have a security clearance or how long you’ve had one. Some current news Some coming changes to the application process.
Questions about relationships will be revised to recognize same-sex marriages and divorces, as well as civil unions or legally recognized domestic partnerships. A retired warrant officer who had an Article 15 for child neglect. So, be advised, talk to someone experienced with clearances before you submit your application, before you respond to a Statement of Reasons, or before hearing. It was helpful that the applicant had a large number afu senior and respected persons willing to give him character letters, and that two of them took time out of their day to come and testify in person at the DOHA hearing.
Several reasons were cited for a grant based on application of the “whole person” concept and application of specific mitigating conditions. Now Congress appears set to:. This instruction, along with other efforts reported below, will go a long way to assist military personnel who need a security clearance and who are impacted by combat deployment affects.
A few of most common initial reasons a clearance application gets rejected. 3-1401 were able to establish several of the mitigating factors listed in the Directive. Other recent successes include: These afo new evidence, which the Board cannot consider. Justia Law Firm Website Design.
Consistent with efforts to deal with mental health issues and suicides within the military the Department of Defense has issued new instruction intended, as the title says, Command Notification Requirements to Dispel Stigma in Providing Mental Health Care to Service Members. A continuation of a secret security clearance was granted.
While they won’t necessarily cause a denial, they cause delay in a process that’s already very lengthy. Keep in mind that a DOHA hearing before an Administrative Judge is likely your best chance to get or keep a clearance if you have not presented a good case during the initial review process. It’s well known that financial problems is one of the leading reasons for denial of a security clearance.
Annex D – Appeals Procedures: After a DOHA judge hearing a clearance was granted. With the recent impact of the economy, servicemembers find themselves in 31-01 financial difficulty.
Director of Central Intelligence Directives.