Experienced National Security Clearance Attorney in Peterson Air Force Base
If you are a service member, you should know that there is now a greater risk to lose a national security clearance. Based on recent changes in the rules to obtain national security clearance and the process to obtain, a simple failure to maintain one’s finances can lead to a security clearance revocation.
After a National Security Clearance Revocation, Contact the Support of a Qualified Attorney
As a service member, you are likely aware that having a valid national security clearance can make a difference whether or not you are able to keep your job. If you have received notice that your clearance is being revoked, it is critical that you act quickly and seek the legal support of a skilled national security clearance attorney.
At the National Security Law Firm, helping service members in the security clearance appeals process is a job that is dutifully carried out. The firm understands that life happens, and everyone and anyone can make a mistake. When a mistake leads to the revocation of a national security clearance, the firm can provide top notch support for military service members and guide them in their journey as they get their life back on track. Consider contacting the National Security Clearance Law Firm today for a free initial consultation.
New Guidelines that Can Impact Your Ability to Maintain a National Security Clearance
Recently, the Office of Personnel Management handed over the National Background Investigations Bureau to the Pentagon’s Defense Department. As a result, the Pentagon is not in charge of facilitating the great majority of the nation’s security clearance investigations. Under this new management, investigation officials will not conduct a continuous monitoring of employees who have a role in national security.
Previously, those with an existing national security clearance were up for a periodic review once every 5 to 10 years. Based on the new management, the system will now automatically pull important data on the clearance holder’s criminal record, financial record, and other applicable information.
As a service member, you should know that this new process will impact their ability to hold a national security clearance and can prevent them from being deployed. Nonetheless, having a national security clearance revocation is always final, and appealing a revocation can be highly beneficial.
Appealing a Revocation of Clearance in Peterson Air Force Base
Individuals who have had their national security clearance revoked may have the opportunity for an appeal. If the agency you are employed for suspects that you are a liability, they may issue you a Notice of Intent to Revoke. This letter is oftentimes also accompanied by a form named Statement of Reasons. These items will give the opportunity to dispute the revocation, and this needs to be done within 15 days of receiving the forms.
Once the forms have been received, if the agency believes the reasons were sufficient to mitigate the outstanding concerns, the clearance could be reinstated. On the other hand, the Department of Defense Consolidated Adjudications Facility will send the Letter of Notification, which offers the opportunity for an appeal.
When a Notice of Intent to Appeal is provided, you will only have 60 days to complete this form. Here, you will have the option to appeal directly to the Personnel Security Appeals Board or petition for a personal appearance before a Defense Office of Hearings and Appeals judge.
What To Do When an Appeal is Denied
In the event that the Personnel Security Appeals Board or the hearing administrative judge has decided that the appeal is insufficient, the denied service member will need to wait one full year before he or she is able to reapply.
It is important to note that the Personnel Security Appeals Board nor the administrative judge has the authority to make a reversal decision on the revoked clearance when the clearance was revoked as a result of a threat to the nation’s security. When the concern to national security is valid, this issue will need to be resolved before the service member is reinstated and his or her clearance is reconsidered.
Instead, the investigating parties will address reasons for the revocation and determine if he or she was granted a due process.
Decisions to reinstate a clearance will be based on the assessment as to whether the revocation decision was caused by arbitrary reasons or the case of unfair targeting. In order to make a determination, the board will dutifully investigate the case to ensure that the same decision would apply to others at the same grade as the service member.
Moreover, the board will also decide if the interested agency that made the revocation followed all of the necessary protocols. They will also investigate if the reasons for the revocation are sufficient.
Ultimately, the Personnel Security Appeals Board and adjudicative judges will look for evidence of possible discrimination or a reprisal. In the event that the clearance is found to be revoked by arbitrary reasons or through an act of personal discrimination, the national security clearance can be reinstated as a part of the appeal process.
Speak to a Proficient Security Clearance Attorney in Peterson Air Force Base
Whether you are about to make an appeal for a revocation or just received notice of a potential national security clearance revocation, it is important that you consider going through this process with the legal support of an attorney who has experience in navigating the process. Most national security clearance appeals are complicated, and a simple mishap can result in the loss of employment. Improve your chance of getting a reinstated national security clearance, contact the support of a qualified attorney today.
The National Security Law Firm has vast experience in assisting military service members respond to the various forms required in an appeals process. When it is necessary to stand before the Defense Office of Hearings and Appeals Judge, the National Security Law Firm will ensure that you are well-prepared to defend your case. After a national security clearance revocation, contact the support of a law firm you can depend on. Consider contacting the support of the National Security Law Firm today for a free, no-obligation initial consultation.