Legal Question in Military Law in New Hampshire

Security Clearance

In 2001, I was dishonorably discharged from the service due to by comparison to what Pres. Clinton did in the Oval Office. I was a 3rd class petty officer in a communication center and held a TS security clearance. I allowed the female civilian in my work space and we had consensual oral sex. Needless to say, it was made known and got punished. I believe they pulled my TS clearance to determine no classified material was exposed which was confirmed not to have happened. Since 2001, I have worked for four police departments and I never revealed that bad time in my life. It was never brought up and to my assumption nothing was ever found upon a background check. Why is that since the military took my fingerprints? I was never arrested or placed in confinement though. Recently I have applied for a position that requires and security clearance for a State Police Agency. Is my past going to come up on this and how do I explain should I get denied a clearance?. I have never been in trouble before or after my ordeal and I never divulged any military information on employment applications. I'm hoping someone could provide me with some advice about this and how should I handle this. Thank you for your help and guidance to my questions.


Asked on 1/27/07, 3:45 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Security Clearance

It is likely, though by no means certain, that your past will come out in a background check that accompanies a security clearance. A dishonorable discharge is, in itself, likely to mandate denial of a clearance, particularly since it was in 2001, just a few years ago. If you did not reveal your military service on your present police job application, there is a good chance you will lose your job. You would be in a much better position if you voluntarily disclosed this to your superiors. However, before you do, you should seek legal counsel to make sure that you do not subject yourself to criminal punishment.

Good luck

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Answered on 1/29/07, 10:18 am


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