Applying for a security clearance: do’s and don’ts

by CPT Eric Tellado

CAMP CASEY, South Korea – The recent controversy surrounding Army Pfc. Bradley E. Manning, who is currently being detained under military law pending charges that he unlawfully disclosed classified information to a popular Web site, has raised a host of questions concerning the denial and revocation of security clearances. Namely, what exactly will be considered before a security clearance is granted? What options are available to an applicant if he or she is denied a security clearance or if their clearance is revoked?

For those Soldiers who need to obtain a security clearance as part of their job, it is important that you understand that no one has a right to a security clearance. Rather, the burden will fall on you to demonstrate that you are worthy of being granted a clearance. You will be evaluated on a number of variables known as the “whole person concept” which includes, but is not limited to, an examination of your honesty, discretion, sound judgment, potential for coercion, strength of character, and your ability to handle and protect classified information.

Perhaps more than any other single factor, your ability to demonstrate your honesty will be hugely influential in whether you are ultimately granted a security clearance. This means that when filling out the application materials, you must be upfront about any potentially negative incidents from your past even if they were minor and occurred years ago. An applicant will always be hurt more by attempting to hide past behavior than he would have been had he just been honest during the application process. If you are worried about a particular incident from your past, you may submit a statement with your application attempting to mitigate the negative impact on your final adjudication.

An adjudicator will make the initial determination on whether to grant a security clearance. Some of the most common reasons for initially denying (or revoking) a security clearance relate to alcohol or drug abuse, financial irresponsibility, and various forms of criminal conduct.

If you are initially denied a security clearance, or your clearance is revoked, there are avenues available to submit information in rebuttal. First, you will be given a letter expressing the intent to either deny or revoke your clearance. Remember, this is not a final determination. Rather, it is your initial notice that your application may be denied. This letter will explain in detail the procedural options available to the applicant. The applicant may either forfeit his opportunity to contest the security clearance determination, or elect to submit a statement and materials for consideration in the final adjudication. The applicant will generally have ten days in which to make a decision on whether to submit a statement and materials for consideration. You are advised to do so. Thereafter, you will have an additional period of time to put your rebuttal together. During this time you should request a copy of the investigative file and seek legal advice from a judge advocate.

Lastly, the letter of intent to deny or revoke will also contain a statement of reasons for the denial or revocation. The attorneys at the Camp Casey Legal Assistance Office, located on the second floor of Maude Hall, can help you use this information to craft a response statement that is both material and relevant, thereby increasing the likelihood of a favorable outcome. Particular emphasis should be placed on mitigating factors by looking at the nature, extent, and seriousness of the conduct; the motivation and circumstances surrounding the conduct; the frequency of the conduct and how recent it occurred; the individual’s age and maturity at the time of the conduct; the presence of rehabilitation and other pertinent behavior changes; and the likelihood of continuation or recurrence. If you have received a letter of intent to deny or revoke your security clearance, contact the Camp Casey Legal Assistance Office immediately at DSN 730-3660 to discuss your options.

• From the Indianhead

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