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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14272
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I held a secret clearance since 022012. I was issued a

Customer Question

I held a secret clearance since 022012. I was issued a citation out in town but havent been found guilty or been charged with anything out in town. The military tried to Admin Sep me and I asked for a military trial and won. No charges were filed against me and I got out with an Honorable discharge. While going through the trial my command at the time wrote up a incident report against my secret clearance and left it open. Due to me being adjudicated of all charges they never processed or closed out the report. When I EAS'd in January, the day after some reason my Clearance went into :loss of jurisdiction" status, due to a incident report. I contact the military and no one will correct this. How do I go about fixing this mistake? A job for me is on the line.
JA: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?
Customer: This all took place in Jacksonville, NC. As far out in town? I havent even appeared in court for the citation out in town. Only in the military. I was forced out by the military and told I couldnt comeback in and denied retirement because of the pending case out in town.
JA: Have you talked to anyone in the chain of command about this?
Customer: Yes, as soon as I found out I contact my last command, then the command this happened at. They told me they couldn't help me even though it was a mistake on there part. Due to me no longer being active duty. I contacted the Command Officer of that Command twice today and got no response.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 10 months ago.
Category: Military Law
Expert:  Shannon Llenza replied 10 months ago.

Hello, my name is***** and I am the attorney assigned to help you today. Please give me a moment to look at your question.

Expert:  Shannon Llenza replied 10 months ago.

Just so I understand, you are concerned about the fact that your clearance fell into a "loss of jurisdiction" status once you separated from the military, correct? This notation is simply an indication that you separated or retired and the CAF (Consolidated Adjudications Facility) no longer has the authority to make any additional investigative/adjudicative decisions regarding the eligibility. The military will not maintain jurisdiction over your clearance once you are out. You new employer will gain jurisdiction and should have the ability to adjudicate your security clearance. Please let me know if you have any further questions.

Customer: replied 10 months ago.
that's my concern, and also the fact that I have a incident report on my clearance information that doesn't belong due to me not being charged with anything. My company im getting a job through is trying to figure out the next step to take. You said they my new employer should adjudicate my clearance?
Expert:  Shannon Llenza replied 10 months ago.

Just a couple of additional questions. Do you have a copy of the incident notification letter? Was your clearance revoked?

Customer: replied 10 months ago.
I never received any letter stating when and why there was an issue with my clearance. It came up 2 weeks when I got the job. They informed me there was a incident report. No it wasnt revoked to my knowledge
Expert:  Shannon Llenza replied 10 months ago.

Okay, just a few additional questions. What is your new employer asking you to do? Have you told them that you have been acquitted of the charges and therefore the incident report has been OBE. In other words, the incident report was something your security officer felt they had to place in JPAS due to your situation, but it now should have no bearing on your clearance since you were acquitted of the charges related to the incident report. Have you provided them evidence of this fact (any court documents showing that you were acquitted)?

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