Legal Question in Military Law in North Carolina

Fighting to retain Security Clearance

I was involved in a CID investigation lasting three years. I was never charged or tried; I did however recieve non-judicial punishment with a General Letter of Reprimand. I have since re-enlisted in the Army and two months after signing my contract I was notified that my Security Clearance is in jeapordy of being revoked. I am preparing a rebuttal but it does not look hopeful. How can I ensure that I retain my clearance and if I do lose it what can I do about my re-enlistment contract as I will no longer be qualified to perform my job? I know I would be involuntarily re-classed but had I known about this before signing my re-enlistment contract I would have waited for the outcome before making a decision.


Asked on 12/17/05, 10:01 pm

1 Answer from Attorneys
Philip D. Cave Military Law & Justice

Re: Fighting to retain Security Clearance

There are a number of considerations under what are called the "Adjudicative Guidelines" on what can be done or said to "Mitigate" a security clearance concern. CCF generally follows the guidelines. I do quite a few of these types of cases so feel free to contact me.

Sincerely -- www.court-martial.com

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Answered on 12/18/05, 5:25 am


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