Normal Topic Rare security clearance situation. Need help! (Read 2813 times)
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Rare security clearance situation. Need help!
Sep 23rd, 2004 at 8:15pm
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Ok, i dont know if this question belongs on this message board but I don't know where else to post. 

This is my situation is. I was a cadet at the Air Force Academy for 3 and a half years. My senior year I was involved in a drug investigation and I was court-martialed for 3 drug charges: use of ecstasy, mushrooms, and ketimine. I plead guility and was dismissed from the Air Force and sentenced to 6 months confinement. Previous to this I had a "secret" clearance but after my court-martial I had to sign a paper giving up my clearance. Now, a year later, I am attending college to finish up my degree. My degree is in systems engineering and I live in the Washington DC area.  The majority of employers in my field require a security clearance. 

My question is, am i totally screwed? Or is there a way to get a security clearance after I have lost it. Or is there a way to even get a security clearance after 1) drug use or 2) I was in jail for 6 months. My drug use was a one time thing and since then I have recieved counseling and have been totally rehabilitated. I am wondering if there is something I can do to be pro-active in regaining my security clearance? Any information on this would be extremely helpful. Thank you.
  
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Re: Rare security clearance situation. Need help!
Reply #1 - Sep 24th, 2004 at 12:58pm
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Sorry, but a dishonerable discharge is something the
DoD/DSS will pull your clearance for, under the new
Smith Amendment.  If any of the following applies,
then you are screwed:

"(c) PERSONS DISQUALIFIED FROM BEING GRANTED SECURITY CLEARANCES.- A person is described in this subsection if any of the following applies to that person:
"(1) The person has been convicted in any courtt of the United States of a crime and sentenced to imprisonment for a term exceeding one year.
"(2) The person is an unlawful user of, or is addicted to, a controlled substance as defined in, section 102 of the Controlled Substances Act (21 U.S.C. 802)).
"(3) The person is mentally incompetent, as determined by a mental health professional approved by the Department of Defense.
"(4) The person has been discharged or dismissed from the Armed Forces under dishonorable conditions.

The link can be found at:

  http://www.dss.mil/isec/smith_bill.htm

Boy, I am glad I am not in your shoes.  I also live in the
Wash., D.C. area and I am in software development;
even with a TS, I had problems finding something good,
until I got my TS/SCI.
  
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Re: Rare security clearance situation. Need help!
Reply #2 - Sep 24th, 2004 at 6:15pm
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Boy, I am glad I am not in your shoes.  I also live in the 
Wash., D.C. area and I am in software development; 
even with a TS, I had problems finding something good, 
until I got my TS/SCI. 


I second that. I did not have th heart to tell him but the future outlook is doubtfull.  He will surely pay for this one for years to come.......everytime you fill out an app on the civilian side you always get asked about your time in service and when you apply on the LEO side or Public Service they want to go in depth about your time in service and what you have done.  This may be a hurdle you cannot recover from.

Do you concur George?  Like my Seargent told me when I joined the Corps as a young private, "shut your mouth, shine your boots, don't be late to formation, stay away from trouble and in the end the dd214 will be just as good if not better than a college degree".
  
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Paste Member Name in Quick Reply Box George W. Maschke
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Re: Rare security clearance situation. Need help!
Reply #3 - Sep 24th, 2004 at 7:35pm
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Nunyun,

The Smith Amendment applies only to the Department of Defense and does allow for waivers, although it seems these have been rarely granted. See:

http://www.fas.org/sgp/news/secrecy/2001/08/080301.html
  

George W. Maschke
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Re: Rare security clearance situation. Need help!
Reply #4 - Sep 24th, 2004 at 9:25pm
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I read it but I don't understand, His background (based on what he posted) clearly states that he would be dq'd from a dod security clearance either as an employee or as a contractor.  Are you stating that the waiver is available because he is trying for a private company? and if so he could apply but under his circumstances I highly doubt any employer that has to deal with a security issue would touch him with a ten foot pole.  It is not the incarceration or the use of dope, it is that "Big Chicken Dinner" that is gonna kill him for a long long time. Explain to me if you disagree, as I said I read your article but I am one of those guys who was a great jarhead and am a good cop when it comes to the job but in class I had to read the ole law books a couple times for it to sink in.  That is why you were in intel and I was on the front lines refueling helo's before they headed into Kuwait City......
  
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Re: Rare security clearance situation. Need help!
Reply #5 - Sep 24th, 2004 at 10:12pm
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Sorry, while the article I cited above discusses the fact that the Smith Amendment applies only to DoD (the main point I wanted to call attention to), it doesn't discuss waivers (which again, have been very rarely granted). Regarding waivers see:

http://www.sheldoncohen.com/SmithAmendmentUpdate.htm

While it would be very difficult for Sumo to get a security clearance from any DoD agency, it might be easier (but not easy) to get one from a different agency.
  

George W. Maschke
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Re: Rare security clearance situation. Need help!
Reply #6 - Sep 24th, 2004 at 10:19pm
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much easier to understand thanks, and I agree.  I like the Army guy who did everything except walk on water.  I figured if they just gave poly's to everyone it would clear the issue up and grant the clearance if the "passed"......
  
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Rare security clearance situation. Need help!

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