need help with this case

[sublimegrl77]

I have an issue. Ok here goes
I joind the usmc in sept 2007, my mos is 0621, field radio op. My recruitor knew I had a dual citizentsip n faild to mention to me that I wouldn't be able to get a security clearance or that I would need one for this mos. 9 months later, im in the fleet and the usmc is telling me that I can't do this mos and that I have to go back to school and learn a new mos that doesn't require a security clearance, which are jobs such as motor t, admin, food specialists, ground maintnance ... u get it, bottom of the barrel mos that im not interested in what so ever. I had just moved my family here to california, my husband had just gotten a new job. So my question is ... what the hell r my options here? Would I be able to jest get out and continue with college? Say F this **** and move on? I haven't been able to speak to a jag officer, I've been told my command is talkin to one for me? Some1 throew in a few words n let me kno what I should do please.
Thanx

[questionia]

Has your clearance actually been denied or have you just received a letter of intent (LOI) to deny? If you have just received the LOI then you have an opportunity to rebut or demonstrate a remediation of the issues. Do you need a TS or a Secret clearance? TS is hard to get with citizenship issues. Have you thought about dropping the other citizenship? Renouncing your dual citizenship would probably go a long way to squaring this issue away.

If your clearance has been denied then you have other issues and you might have to start the whole clearance process over again or opt for an MOS without a security clearance requirement. 0311 is out of the question ; )

You will definitely want to meet with JAG on this one and you have the right and opportunity to have their assistance during this process. Good luck!

[sublimegrl77]

I wouldn't give up my citizentship for czech cuz I've got my whole fam there plus own property, so I can't get the clearance @ all. That's when they gave me lists of other mos`s n told me I've gotta do a lat move. I was told I was a fraud enlistment? Anyways, pretty much my what im wondering about is if I can just get out, but no1 is giving me that answer that im talkin to within my company. Iand I really feel like a ****bag bringin it up ya kno? That's y I really just wanna talk to a jag officer.

[fozzy2]

There is a very important question: On your enlistment paperwork did you inform the military that you held dual citizenship? If you kept it a secret from the military then you probaby did indeed enlist fraudulently. If your recruiter told you not to say anything about it then you need to report it. It may not help you much but it may help other people down the road.

If you did fraudulently enlist then the military might give you an administrative seperation. This might be particularly so if you were fraudulently induced to enlist (i.e. your recruiter lied to you) and you are going to challenge the contract. On the other hand, most people can't put up much of a fight so the military might just ignore your wishes and put you in another field.

[cyberspook]

Originally Posted by sublimegrl77

I wouldn't give up my citizentship for czech cuz I've got my whole fam there plus own property, so I can't get the clearance @ all. That's when they gave me lists of other mos`s n told me I've gotta do a lat move. I was told I was a fraud enlistment? Anyways, pretty much my what im wondering about is if I can just get out, but no1 is giving me that answer that im talkin to within my company. Iand I really feel like a ****bag bringin it up ya kno? That's y I really just wanna talk to a jag officer.

Please refrain from using "cell phone shorthand", it is really annoying when trying to understand your post.

[RealAmerican]

You are going to have to learn a new MOS. On the bright side, it won't take a lot of training. Suck it up and enjoy the benefits of being a soldier for the next few years. College is more expensive then you think and the GI Bill is an immense help. Good Luck.

[cyberspook]

Originally Posted by RealAmerican

You are going to have to learn a new MOS. On the bright side, it won't take a lot of training. Suck it up and enjoy the benefits of being a soldier for the next few years. College is more expensive then you think and the GI Bill is an immense help. Good Luck.

I would have to disagree with you on this. The OP entered into an agreement with the government. If the Marine Corps is not going to honor that agreement then they should let the OP go honorably.

The real question's here are: What is in the OP's contract? What does it say as to what he/she has been promised? Is there a breach of contract issue here? Was there a guaranteed MOS?

I certainly can understand the government's position on dual citizenship and how much trust they are willing to put into someone who's loyalty may conflict, however this should have been made perfectly clear before the OP's enlistment. That understanding should not only have been made by his/her recruiter, but also at MEPS.

To the OP: What do you have in writing?

[RealAmerican]

The Marine Corps fulfilled their part of the contract by providing the training for her MOS. She does not qualify for the job so she needs to enter into a new field in the Marine Corps. She has stated that she will not give up or renounce her citizenship to obtain her clearance. No matter what she is on the hook until the end of her enlistment. Disagree all you want but she is stuck. Dollars to donuts, the Marine Corps is not going to let her leave because she cannot obtain the clearance to do the job she wants to do. They have plenty of jobs available that she can do. I hope we don't see a I'm AWOL what can I do post, but i have a feeling it will show up soon.

[cyberspook]

Originally Posted by RealAmerican

The Marine Corps fulfilled their part of the contract by providing the training for her MOS. She does not qualify for the job so she needs to enter into a new field in the Marine Corps. She has stated that she will not give up or renounce her citizenship to obtain her clearance. No matter what she is on the hook until the end of her enlistment. Disagree all you want but she is stuck. Dollars to donuts, the Marine Corps is not going to let her leave because she cannot obtain the clearance to do the job she wants to do. They have plenty of jobs available that she can do. I hope we don't see a I'm AWOL what can I do post, but i have a feeling it will show up soon.

As I said before the OP needs to get the paperwork out and see what it says.

Despite what you may think the Marine Corps is not God, but I do think they are like second or third in line.

The OP needs to find out what she agreed to.

[sublimegrl77]

Ye im gonna check the contract, but as far as I know it doesn't say anything about my dual citizentship on it. My recruitor did know about the dual citizentship, I know that for a fact because he's seen my czech passport. When I talkd to him and told him about the situation he askd me how the usmc found out I have dual citizentship. So obviously he lied to me or failed to inform me that I wouldn't be able to get a clearance in my situation.

N down wory u won't see me go awol, that not really my style.

[fozzy2]

Originally Posted by RealAmerican

No matter what she is on the hook until the end of her enlistment. Disagree all you want but she is stuck. .

This is not necessarily true. If there was fraud in the inducement then there is no legally binding contract. What she needs to do is immediately put in paperwork stating that A)she was fraudulently enlisted for a field for which she is not qualified and B)since the USMC is not going to assign her to the duties implicit in her contract, she wants out. The Marines may or may not agree with her request. If not she has recourse in the federal courts, but that often takes $$$.

I find it hard to believe that her dual citizenship status "never came up" before shipping out. That specific question should have been asked several times in paperwork prior to reporting, and if the enlistee doesn't remember seeing such questions either she has a bad memory or her recruiter filled out some paperwork for her. If her recruiter shafted her, then she needs to report the fact, and she will almost certainly be admin sepped (with one important caveat -- she must convince the military or a court that her recruiter did indeed defraud her. The presumption is that the enlistment was carried out in accordance with law/regs. But that is an evidentiary matter.)

The important thing is to get things down on official paper and do so quickly. If she does not act quickly, the Corps will claim she "acquiesced" in her new position. The regulation is usually that you must submit paperwork within 30 days of when you learned or should have learned the military would not honor its end of the contract. If she doesn't do that, then she may be waiving her rights.

[cyberspook]

Again, I don't know how this was not picked up at MEPS.

[CGRAY]

If You Do Not Like The Remaining Available Mos's, Request An Opportunity To Retake The Asvab. Scoring Higher May Give You A Chance To Get A Mos You Would Like. I Don't Know If This Would Be Allowed, But Wouldn't Hurt To Ask.