HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > GOVERNMENT & ADMINISTRATIVE LAW > Military Law
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-23-2008, 08:22 AM
Junior Member
 
Join Date: Sep 2008
Posts: 2
Exclamation

Son losing Navy SC


What is the name of your state (only U.S. law)? CA

My son has been in the Navy for one year...he is working as an AZ and needs to maintain security clearance. He was notified of possible denial due to lying on his app last year about drug use. He disclosed usage at the time of joining the Navy and had to wait for a waiver after a misdemeanor conviction was entered in court. He also checked the "No" as to outstanding debts.

My question is, if he loses his clearance, is this basis for discharge from the Navy, or could he be reassigned to a job that does not require clearance.

The forms sent say that if he does not respond, his clearance will be denied. It does not mention discharge, but he is very worried about that.

Any help on this???
Thanks,
MaryWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Reply With Quote
  #2  
Old 09-23-2008, 08:41 AM
Member
 
Join Date: Dec 2007
Posts: 497
If your son cannot obtain the clearance required to perform his job he will be retrained in a job that requires no clearance. (example: AE- Secret, AD- None) This doesn't necessarily mean he will have to go back to school. He can possibly "strike" that rate by taking the exam and if he passes within the quota he will become that rate or even possibly be promoted a pay-grade in that rate.(depending on his present rank and that rates current manning in the Navy and his command) Finding a rate that is advancing quickly will be a good chance for him to make a little extra money and get his career back on track. I believe the quotas can be found on BUPERS, NKO, or a long talk with his command career counselor.

Being kicked out is not impossible but very unlikely. The chance he will face any sanctions from his command is low as well. There is still a great opportunity for him to rise to the occasion and overcome this obstacle he has placed in front of himself. Encourage him to learn a lesson from this mistake and remind him of the Navy core values. Honor, Courage, and Commitment. Best of luck and please feel free to ask anymore questions you may have.

Last edited by Peligroso27; 09-23-2008 at 08:44 AM.
Reply With Quote
  #3  
Old 09-23-2008, 10:01 AM
Member
 
Join Date: Apr 2005
Posts: 88

He needs to respond


Your son probably received a letter of intent (LOI) to deny his clearance. He needs to respond immediately that he intends to contest the reasons for denial. I believe the window of opportunity is very narrow and he needs to obtain a letter of recommendation from his chain of command - probably his DivO.

He then needs to respond with legitimate defenses of his drug use - it was one time, haven't done it since, it's been years..., etc. He should contact JAG as soon as possible for assistance and direction. This can be a make or break career issue.

Peligroso's comments are correct, I believe, but there aren't too many rates which don't require a clearance of some type. Off the top of my head I'm thinking SK and MS - Supply and Mess rates.

Good luck!
Reply With Quote
  #4  
Old 09-23-2008, 10:04 AM
Member
 
Join Date: Apr 2005
Posts: 88
Oh, I should have mentioned that if he gets the clearance thing straightened out he should cross rate at the earilest opportunity to Gunner's Mate - the best rate in the Navy!
Reply With Quote
  #5  
Old 09-23-2008, 10:59 AM
Junior Member
 
Join Date: Sep 2008
Posts: 2

Thanks for the replies


Thank you so much for taking time to reply. My son hit a rough patch, but has turned his life around 180 degrees. That is what broke my heart...things finally were going well and he has a life to be proud of....it would be a tragedy to have it taken away. I will pass on the info. Thanks again.... Mary
Reply With Quote
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



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 10:34 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


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.