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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33296
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I have been a student to be a c-130 crewmaster in the Marine

Customer Question

Good evening sir, I have been a student to be a c-130 crewmaster in the Marine Corps for the past year and a half. I was NJP'd twice for the same offense, (one of them being a 92 for staying out past curfew, and the other was a 107 for failing to mention the marines I was with so that they wouldn't get in trouble) would I lose my secret security clearance and do they have grounds to take me out of aircrew? As a secondary question, would my command be able to separate me? And if so would I be able to enlist in another branch of service? Thank you for your time sir.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

The 107 charge is a potential issue.

A "false official statement" is considered a "crime of moral turpitude" meaning that it is a crime involving dishonesty. And that is something that DONCAF (Department of the Navy Central Adjudicating Facility) would be concerned with

That said, a secrete clearance is a "low level" clearance...so frankly, if your commander supports you keeping your clearance, I would expect that DONCAF will not pull it.

Can they separate you?

They can...they could separate you for "commission of a serious offense" since 107 is considered a serious offense.

Again, this will be up to the commander...if they believe you have potential for future service, I would expect them to keep you.

But this would be enough for them to start the process to separate.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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