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CIVILIAN SECURITY CLEARANCE/ACCESS



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


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