Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > GOVERNMENT & ADMINISTRATIVE LAW > Military Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-15-2005, 09:49 AM
Junior Member
 
Join Date: Jul 2005
Posts: 4
Question

General Discharge and Security Clearance


What is the name of your state? VA
I AM a USN officer who was recently admin separated for fraternization. I was given a gen (under honorable conditions) for reason of misconduct. I served for almost ten years and this was the only blemish on an otherwise perfect record. I have been offered a contracting job that requires me to maintain my clearance.
My question is, what are the chances of keeping my secret clearance and what is the possibility of ever acquiring a T/S?

Last edited by 52nempwv; 07-15-2005 at 10:30 AM.
  #2  
Old 07-15-2005, 03:06 PM
Member
 
Join Date: Mar 2005
Posts: 652
I suppose the first question is: Was your security clearance revoked while you were in the military/being discharged? If your job routinely included handling classified material, then if your clearance was revoked you should have been informed. On the other hand, I'm not certain what procedures are for people who have a clearance but not access (by default, every commissioned officer in the US military has a 'secret' clearance).

At any rate, when you go to process your civilian clearance your discharge is going to be a huge question that needs to be adjudicated. Security clearances are given on a "case by case" basis, based on the results of the security investigation. There are guidelines for the adjudicators, and you can find them on the web at:
[url]http://www.dss.mil/nf/adr/index.htm[/url]

The key here is your assertion that your record/conduct are otherwise "spotless". If so, that can make up for a lot of things. On the minus side, however, your misconduct was apparently very recent. Your discharge was not punitive, and was under honorable conditions, but there was misconduct. If it had happened 5 or 10 years ago I'd say you had a very good chance for a secret or even TS. If you only recently got the discharge, however, it becomes a bit more dicey.

So I'd say it could go either way. One key, as always, is to be very truthful and forthcoming on paperwork and in particular if you talk to an investigator. Lies by omission will get you in trouble fast, so if there are embarassing details, etc. then steel yourself to disclose them openly right up front.

As an aside, does your potential employer know about your discharge? If they do, and don't care, fine. But they may suddenly decide they don't want to hire you either directly because of your general discharge or because they fear you will not get the clearance (regardless of whether you get your clearance, they will be charged for the investigation). Clearances and jobs can raise very tricky questions about employment law.
  #3  
Old 07-17-2005, 01:03 PM
Junior Member
 
Join Date: Jul 2005
Posts: 4
I didn't lose my clearance, I'm just concerned about what happens to it when it gets transferred from the Navy. I know T/S is a long shot, but it's the secret one thats important. My record was outstanding, numerous awards and always ranked at or near the top on evals/fitreps. I knew that this was coming when I had an interview with a DSS agent for my pending T/S a few months ago, and I told him all about it, so hopefully he's put it into my file. I knew that hiding anything would be a killer, so I've been open about it to everyone. I just hope that, what is esentially a misdemeaner, doesn't kill my chance at a very good job!
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:39 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.