To the civilian attorneys. (This does not apply to civilian attorneys who recently left active duty within the past two to three years.)
It's just come to our attention that civilian attorneys who defended a Hamnadia, Haditha, national security or classified information case, did not receive a security clearance because your investigation was never run and it was never noted in JPAS. I would suggest that you have yourself run in JPAS. Bottom line: If your investigation, clearance and access isn't in JPAS - it doesn't exist.
Provided
below reflects that Code 17 is not doing what they're supposed to be
doing even in accordance with their own "Primer for Litigating
Classified Information Cases Handbook". If they forwarded (via NO9N2)
your SF-86 to OPM for a PSI (personnel security investigation) then you
wouldn't be having to re-submit another SF-86 and finger-print cards
(See DSS Policy Letter below).
Attorneys
who need collateral clearance (TS/Secret/Confidential) is adjudicated
by DISCO (Defense Industrial Security Central Office). If Attorneys
need TS SCI/SI/TK/SAP, etc. then, the DONCAF (Department of the Navy
Central Adjudication Facility) would adjudicate your clearance.
Either way, if they did it correctly during your previous cases you wouldn't have to go through this non-sense, AGAIN.
SECNAVINST 5510.30 dtd June 2006
9-11
ACCESS AUTHORIZATION IN LEGAL PROCEEDINGS
1. Requests for access
authorization for civilian attorneys representing DON personnel will be
submitted to CNO (N09N2) via the Office of General Counsel (OGC) or Navy Office
of the Judge Advocate General (OJAG). Requests will provide a brief summary of
the facts of the case and a description of the specific classified information
the defense will require to adequately representing his or her client.
2. OGC or OJAG will
evaluate the request and certify that access to the specified classified
information has been deemed necessary by the convening authority and will
ensure the attorney requiring the access has completed the necessary PSI request
forms. OGC or OJAG will then forward the certified access request, including
the investigative request forms to CNO (N09N2).
3. CNO (N09N2) will
submit the request for investigation to OPM and will authorize access, as
appropriate. Prior to access, the attorney will be required to sign the
Classified Information Nondisclosure Agreement (SF 312).
+++++++++++++++++++++++++++++++++
DSS Industrial Security Program Office Letter 22 August 2006
[ISL 2006-02]
10. (2-201) Fingerprint
Cards Not Required for Periodic Reinvestigations (ISL 05L-1 #7)
It is no longer necessary to submit
Fingerprint Cards (FPC) for any type of Periodic Reinvestigation (PR) unless
specifically requested to do so. In the past, FPCs had to be submitted with
requests for Secret and Confidential PRs but not Top Secret PRs.
Carolyn Martin
Military Criminal Defense &
Federal Contract Investigator
Ph: 760-445-0711 / Fax: 760-730-3611
Confidential: This communication contains confidential and/or privileged information and is intended only for the person or entity named. Anyone other than the intended recipient, or the named recipient's employee or agent responsible for delivering this communication to the named recipient, is prohibited from reading, copying, distributing, disseminating, or otherwise using the information contained in this communication.