Navigating CAC Card Issues: How NSLF’s CAC Card Lawyers Fight to Secure Your Access

What is a CAC (Common Access Card)?

A CAC (Common Access Card) is a smart card issued by the United States Department of Defense (DoD) to active-duty military personnel, selected reserve personnel, DoD civilian employees, and eligible contractors. It serves as a standard identification card and provides access to DoD computers, systems, and secure areas.

The CAC is a smart card that contains a microchip, barcode, and magnetic stripe. It is used primarily for two purposes:

1. Identification: The CAC card is an official identification card for military and DoD personnel.
2. Access Control: It provides both physical access to secure areas (such as military installations or government buildings) and logical access to computer networks and systems.

The CAC card is a critical component of DoD security and operations. It provides a secure method of authentication and access control, helping to protect sensitive information and facilities from unauthorized access.

Who Needs a CAC Card?

• Active-Duty Military Personnel: All members of the U.S. Armed Forces, including the Army, Navy, Air Force, Marine Corps, and Space Force.
• Selected Reserve Personnel: Members of the Reserve components who are called to active duty or who require access to DoD facilities and systems.
• DoD Civilian Employees: Civilian employees working for the Department of Defense who need access to military facilities or DoD computer systems.
• Eligible Contractors: Contractors working for the DoD who need access to DoD networks, computer systems, or secure areas as part of their job requirements.

What Does a CAC Card Do?

• Secure Access to Facilities: The CAC card is used as a key to enter secure areas and buildings controlled by the DoD.
• Computer and Network Access: It is required to access DoD computers and networks. The card is inserted into a card reader, and users must enter a PIN to gain access. This helps ensure that only authorized personnel can access sensitive information.
• Digital Signature and Encryption: The CAC card lets users digitally sign emails and encrypt communications, ensuring secure communication within the DoD.
• Other Functions: It may also be used for meal checks, morale, and welfare benefits, and access to certain programs or services on military bases.

What Is the Difference Between a CAC and a Security Clearance?

A CAC is a Department of Defense (DoD) Personal Identity Verification (PIV) card required under Homeland Security Presidential Directive (HSPD) 12. Essentially, it serves as identification that grants access to federal or other secure facilities (e.g., military bases, and ports). Unlike a security clearance, which authorizes access to classified material, a CAC only authorizes access to sensitive spaces. For instance, working in construction on a military base may not require a security clearance but would require a CAC because a military base is considered a sensitive space.

Conversely, if you have a security clearance, you almost certainly need a CAC (or your agency’s equivalent) to access the facilities where classified work occurs.

What is a Security Clearance?

• Purpose: A security clearance is a formal determination that a person is eligible to access classified national security information. It involves a thorough background investigation and continuous evaluation.
• Function: It allows individuals to access specific levels of classified information (Confidential, Secret, or Top Secret) depending on the level of clearance they have been granted. Security clearances are specific to the individual’s job and role and the information they need to perform their duties.
• Who Needs It: Military personnel, government employees, and contractors whose roles require access to classified information. Not all CAC cardholders need a security clearance; only those whose duties involve handling classified materials or information.
• Scope: A security clearance is more about what information an individual can access rather than physical access to buildings or networks. It covers access to sensitive national security information and is subject to periodic reinvestigation.

Key Differences

1. Nature:
   • A CAC is a physical card used for identification and access to facilities and networks.
   • A security clearance is a status that determines eligibility to access classified information.
2. Functionality:
   • A CAC card provides physical and network access based on identity verification.
   • A security clearance provides authorization to access classified information based on a thorough background check.
3. Access Levels:
   • A CAC does not inherently determine the level of information a person can access; it just verifies identity.
   • A security clearance comes in levels (Confidential, Secret, Top Secret) and grants access to specific types of classified information accordingly.
4. Requirements for Obtaining:
   • A CAC card is obtained through an employment or contractual relationship with the DoD and involves identity verification processes.
   • A security clearance requires a comprehensive background investigation and approval based on national security criteria.

In essence, a CAC card is used for identification and access management, whereas a security clearance determines an individual’s eligibility to access sensitive and classified information. Both are essential in their respective domains for maintaining the security of U.S. government and military operations.

How Can I Obtain a CAC Card?

To obtain a Common Access Card (CAC), you need to be an eligible individual (active-duty military personnel, DoD civilian employee, selected reserve member, or eligible contractor) and follow specific steps through the Department of Defense. Here’s how you can obtain a CAC card:

1. Verify Eligibility: Ensure that you fall into one of the eligible categories, such as active-duty military, reserve personnel, DoD civilian employees, or contractors working for the Department of Defense.
2. Have Sponsorship and Verify Your Identity: You must have a sponsor who will verify your need for a CAC. Your sponsor will enter your information into the Defense Enrollment Eligibility Reporting System (DEERS).
3. Schedule an Appointment at a RAPIDS Site: You need to visit a Real-Time Automated Personnel Identification System (RAPIDS) site to obtain your CAC. Appointments are highly recommended to avoid long wait times.
   • Use the RAPIDS Site Locator to find a nearby RAPIDS office. This site allows you to locate RAPIDS centers and schedule an appointment.
4. Bring Required Documentation: At your appointment, you will need two forms of valid identification (one must be a government-issued photo ID, such as a driver’s license or passport).
   • More information on accepted identification documents can be found in the ID Card Office Online.
5. Attend Your Appointment: At the RAPIDS site, your photo will be taken, and your biometric data (fingerprints) will be collected. Your CAC card will then be issued.
6. Activate Your CAC: After receiving your CAC, you will need to activate it by setting up your Personal Identification Number (PIN) at a designated CAC reader or kiosk.

Useful Links

• CAC Information and Requirements: Visit the official Common Access Card (CAC) website for detailed information on obtaining, maintaining, and replacing a CAC.
• Find a RAPIDS Site and Schedule an Appointment: Use the RAPIDS Site Locator to find an ID card office near you and schedule your appointment.
• Documentation Requirements for Obtaining a CAC: Review the list of required documents to bring to your RAPIDS appointment.

These resources should guide you through the process of obtaining a CAC card if you are eligible. If you have additional questions or require further information, it’s advisable to contact the RAPIDS site directly or consult your sponsor.

Why Are CAC Cards Denied or Revoked?

A Common Access Card (CAC) can be denied for several reasons, generally related to eligibility, improper documentation, or issues identified during the verification process. Here are some common reasons why a CAC card may be denied:

1. Ineligibility:
   • Individuals who do not meet the eligibility requirements set by the Department of Defense (DoD) cannot obtain a CAC card. Only active-duty military, DoD civilian employees, eligible reserve members, certain contractors, and other authorized personnel are eligible for a CAC. If an individual falls outside these categories, their request will be denied.
2. Adverse Suitability or Unfavorable Background Investigations:
   • If an individual is found unsuitable for employment in a covered position under 5 CFR 731.101, or if they are deemed ineligible for access to classified information under Executive Order 12968, the result could be a denial or revocation of a CAC card. This decision is typically based on concerns about trustworthiness, reliability, or potential security risks.
3. Failure to Meet Credentialing Standards:
   • The Office of Personnel Management (OPM) Credentialing Standards outlined in the “Final Credentialing Standards for Issuing Personal Identity Verification Cards under HSPD-12” serve as the baseline for determining eligibility for a CAC card. If an applicant cannot mitigate disqualifying factors under these standards, they may be denied a CAC.
4. Lack of Sponsorship:
   1. All applicants for a CAC card must have a valid sponsor who verifies their need for the card. If the sponsor fails to provide proper authorization or if no sponsor is available, the CAC will be denied.
5. Incomplete or Incorrect Documentation:
   • Applicants are required to provide two forms of valid identification, one of which is a government-issued photo ID. Failure to provide the correct documents, expired IDs, or documents that do not match the information in the Defense Enrollment Eligibility Reporting System (DEERS) can result in denial.
6. Issues with DEERS Enrollment:
   • The Defense Enrollment Eligibility Reporting System (DEERS) must contain accurate and up-to-date information about the applicant. If there is an issue with DEERS, such as outdated information or errors, a CAC card application may be denied until the issue is resolved.
7. Unmet Security Clearance or Background Check Requirements:
   • Some CAC card applicants, particularly contractors, and certain DoD employees, may be subject to background checks and security clearance requirements. If an individual does not meet these requirements or has red flags in their background check, the issuance of a CAC card may be denied.
8. Contractor Status Issues:
   • For contractors, CAC card issuance is tied to their contract with the DoD. If the contract does not specify the need for a CAC card, if the contract has expired, or if there is a lapse in the contractor’s eligibility, the CAC card application will be denied.
9. Lapsed or Revoked Status:
   • If an applicant’s status changes—such as a reserve member no longer active status, a civilian employee leaving the DoD, or a contractor’s contract ending—their eligibility for a CAC card is void, and they may be denied a new card.
10. Administrative Errors:
    • Mistakes during the application process, such as data entry errors, incorrect information provided by the sponsor, or errors during DEERS enrollment, can lead to CAC card denial. These issues often require correction and resubmission of the application.
11. Fraudulent Activity or Misrepresentation:
    • If an applicant is found to have provided false information, forged documents, or otherwise engaged in fraudulent activity to obtain a CAC card, the request will be denied, and further administrative or legal action may be taken.
12. Pending Disciplinary Action or Security Concerns:
    • If an individual is undergoing disciplinary action or is flagged for security concerns, the issuance of a CAC card may be put on hold or denied entirely until the matter is resolved.
13. Criminal History:
    • Background Checks: Certain applicants—especially DoD contractors and civilian employees—may undergo a background check as part of the vetting process when applying for a CAC. If the background check reveals a criminal history, especially convictions for serious offenses, it can lead to denial of a CAC card.
    • Types of Offenses: Serious crimes, such as felonies, crimes involving dishonesty (like fraud or theft), violent crimes, or any offense that could raise concerns about the individual’s reliability, trustworthiness, or ability to handle sensitive information, are more likely to result in denial.
    • Ongoing Legal Issues: If an individual is currently facing charges, is on probation, or has unresolved legal matters, this can also be a reason for denial. The DoD must ensure that individuals with access to its facilities and systems do not pose a security risk.
    • Misdemeanors and Lesser Offenses: While minor offenses or misdemeanors may not automatically disqualify someone from obtaining a CAC, they could still be considered depending on the nature of the offense, the time that has elapsed since it occurred, and whether there is a pattern of behavior that raises concerns.

Impact of Criminal History on CAC Eligibility

• Case-by-Case Basis: Each CAC application is reviewed individually, and criminal history is evaluated on a case-by-case basis. Factors such as the severity of the crime, how long ago it occurred, and the applicant’s behavior since then are all considered.
• Rehabilitation and Mitigating Factors: Evidence of rehabilitation, such as a long period of lawful behavior since the offense, character references, or successful completion of probation, may mitigate concerns and potentially allow for CAC approval in some cases.

If a CAC card application is denied, the applicant or sponsor typically receives a notification outlining the reason for the denial. In many cases, errors can be corrected, and the application can be resubmitted. However, for eligibility or security-related denials, the individual may need to resolve specific issues or meet the required conditions before reapplying.

Understanding the CAC Card Adjudication Process

A CAC card is more than just an identification card; it serves as a gateway to federal facilities, sensitive information systems, and sometimes, critical national security positions. Under 32 CFR § 156.6, the Department of Defense (DoD) has established strict investigation and adjudication guidelines for CAC issuance to protect federal property and information against potential risks or threats.

The process involves a comprehensive background investigation, starting with a National Agency Check with Inquiries (NACI) as the minimum requirement. For those who may not yet have a completed investigation, interim credentialing can be based on a preliminary background check, such as a Federal Bureau of Investigation (FBI) National Criminal History Check (fingerprint check). However, a favorable determination is not guaranteed, and many applicants face denial or revocation of their CAC due to unfavorable findings.

How Do I Fight a Denial?

In the post-9/11 era, millions of Americans—including everyone who works on military bases — require a CAC as a condition of employment. The reason for fighting a denial is simple: lose the CAC, lose your job. Once a CAC is denied or revoked, an applicant must wait a minimum of one year before reapplying. This can mean a loss of livelihood and the inability to work in most federal employee or contractor positions for at least a full year.

The DoD has extended the same due process afforded to security clearance applicants to CAC holders, allowing most to appeal a denial. The appeal process for a CAC denial is outlined in DoD Instruction 5200.46 and involves two stages:

1. Responding to the Letter of Denial (LOD): Applicants who receive a denial must first respond to the LOD issued by their employing DoD component or the Defense Office of Hearings and Appeals (DOHA), as applicable. If the written response sufficiently mitigates the concerns raised, the CAC may be granted.
2. Appealing to a Three-Member Panel or DOHA: If the initial response does not resolve the concerns, new federal civilian and contractor applicants may appeal the decision in writing to a three-member panel. For contractor employees whose CAC is being revoked, the appeal process may involve a formal hearing before a federal Administrative Law Judge at DOHA. The added due process protections for current employees are based on the “property interest” many employees have in a pre-existing job.

Resource Section: Understanding the Regulations and Guidelines for Obtaining a CAC Card

Navigating the process of obtaining or retaining a Common Access Card (CAC) involves understanding several key statutes, regulations, and resources. Below is a list of important references that provide guidance on eligibility, documentation, and appeal rights related to CAC cards:

1. RAPIDS Site Locator
   • The Real-Time Automated Personnel Identification System (RAPIDS) Site Locator is an online tool used to find the nearest RAPIDS site where individuals can obtain, renew, or update their CAC. The site locator helps users schedule appointments to avoid long wait times and ensures they bring the necessary documents for processing.
   • Access the RAPIDS Site Locator.
2. Common Access Card (CAC) Website
   • The official CAC website provides comprehensive information on the purpose, issuance, and requirements for obtaining a CAC. It offers guidelines for eligibility, documentation needed, and steps to take if a CAC is lost or stolen. This is the primary source for understanding CAC policy and procedures.
   • Visit the Common Access Card (CAC) website here.
3. List of Documentation Requirements for Obtaining a CAC
   • This document outlines the specific forms of identification and documentation required to obtain a CAC card. It includes the types of acceptable identification (e.g., government-issued photo ID, passport) and any additional documents needed to verify eligibility.
   • View the documentation requirements here.
4. 5 CFR 731.101 (Suitability for Federal Employment)
   • Title 5 of the Code of Federal Regulations (CFR) Part 731.101 outlines the standards and procedures for determining suitability for federal employment. It addresses issues such as criminal conduct, false statements, and other behaviors that may disqualify an individual from federal employment. These suitability determinations are a key factor in deciding CAC eligibility.
   • Read more about 5 CFR 731.101 here.
5. Executive Order 12968 (Access to Classified Information)
   • Executive Order 12968 establishes guidelines for access to classified information, outlining criteria for granting security clearances. While a security clearance is different from a CAC, a clearance denial can impact CAC eligibility. This executive order provides a framework for assessing eligibility to handle classified information based on loyalty, trustworthiness, and reliability.
   • Learn more about Executive Order 12968 here.
6. Office of Personnel Management (OPM) Credentialing Standards
   • The “Final Credentialing Standards for Issuing Personal Identity Verification Cards under HSPD-12” from OPM outline the basic and supplemental standards for issuing a CAC. These standards focus on verifying identity, employment history, criminal record, and other factors to determine if an individual poses an unacceptable risk to national security or public trust.
   • Find the OPM Credentialing Standards details here.
7. 32 CFR § 156.6 (CAC Investigation and Adjudication)
   • Title 32 of the Code of Federal Regulations (CFR) Part 156.6 provides the specific regulations governing the investigation and adjudication process for issuing CAC cards. It outlines the types of background checks required, the adjudication standards, and the appeals process for individuals denied a CAC.
   • Explore 32 CFR § 156.6 here.
8. DoD Instruction 5200.46 (CAC Denial and Appeal Procedures)
   • DoD Instruction 5200.46 provides detailed procedures for appealing a CAC denial or revocation. It explains the steps involved in responding to a Letter of Denial (LOD), the appeals process through a three-member panel or the Defense Office of Hearings and Appeals (DOHA), and the rights of individuals throughout this process.
   • Access DoD Instruction 5200.46 here.

These resources are critical for understanding the requirements and processes related to obtaining a CAC and for navigating any challenges you may face in this process. If you need assistance or have specific questions about your situation, consulting with an experienced attorney, like those at the National Security Law Firm (NSLF), can provide valuable guidance and support.

How NSLF’s CAC Card Lawyers Can Go to Battle for You

At National Security Law Firm, we know that navigating the arena of federal credentialing and adjudication standards requires more than just knowledge—it demands strategy, precision, and an unwavering commitment to fight for our clients. Our CAC card lawyers are seasoned veterans in handling the complex CAC application and appeals process, using insider knowledge and experience to turn the tide in your favor. Here’s how we can deploy our expertise for your mission:

1. Assessing Eligibility and Fortifying Your Application – Before stepping into the fray, we leave nothing to chance. Our lawyers conduct a comprehensive review of your background to ensure all necessary documentation is accurate and complete. We identify potential weak points that could jeopardize your CAC card approval and craft a strategic plan to address any issues head-on, providing you with the tools to strengthen your application from the outset.
2. Neutralizing Disqualifying Factors – If your CAC application is under threat due to disqualifying factors, we counter with mitigating factors. Our team will work closely with you to mitigate any red flags, whether that means showcasing evidence of rehabilitation, gathering character references, or clarifying misunderstandings that have put your application in jeopardy. We’re dedicated to building an unassailable case to secure your access.
3. Commanding the Appeals Process – When the government denies your CAC, it’s time to fight back. At NSLF, our CAC card lawyers are skilled in navigating the appeals process—whether it’s presenting your case before a three-member panel or leading the charge in a formal hearing before the Defense Office of Hearings and Appeals (DOHA). We make sure your appeal is fortified with compelling evidence, turning every possible advantage in your favor.
4. Mastering the “Whole Person” Adjudication Standard – Adjudication for CAC issuance isn’t just about isolated incidents; it’s about the whole story. We know how to leverage the “whole person” standard to highlight your strengths—your service record, your integrity, your contributions to the community—and push back against any narrative that paints you as a risk. Our deep understanding of these standards enables us to advocate with precision and power, showcasing the positive factors that make you a reliable and trustworthy candidate.
5. Providing Tactical Support Every Step of the Way – The CAC process can feel like navigating a minefield, especially when facing setbacks. Our lawyers don’t just represent you; we stand with you, shoulder to shoulder, providing continuous support, updates, and guidance. We keep you informed of your case’s progress and advise on the best tactical maneuvers to enhance your eligibility, ensuring you never face the enemy alone.

Why You Need a CAC Card Lawyer in Your Corner

If your CAC has been denied or revoked, the stakes are high—your job, your livelihood, and your career are on the line. Representing yourself could mean walking into battle without armor. At NSLF, our CAC card lawyers provide a clear-eyed assessment of your chances for success, ensuring you know the battlefield before you commit. With the right strategy and representation, many of these cases can be won with a nominal investment of resources—making our legal services a smart, tactical decision.

Secure Your Access, Protect Your Career—Choose NSLF

In the fight for your CAC, you need an experienced legal ally who knows the terrain and has the battle-tested strategies to achieve victory. At National Security Law Firm, we leverage our insider knowledge as former federal employees and advisors to cut through the bureaucracy and defend your rights. If your CAC card application, denial, or revocation has you under siege, don’t wait—contact NSLF today, and let us fight for your access and your career.

Ready to Engage? Let’s Talk.

Call us at 202-600-4996 or book a consultation with the National Security Law Firm to discuss how we can assist you with your CAC card issues. Don’t let bureaucracy win the battle—partner with NSLF and turn the tide in your favor.