Legal Question in Military Law in Texas

obtaining a security clearance

In May 2002, I entered the Navy and was processed out 3 months later with an Entry Level Separation, RE4 - Erroneous Entry/Other. Basically, my recruiter errored in not disclosing certain medical information, and was also ordered not to disclose it at MEPS. Being an order from my superior, I obeyed, but was later discovered during training so I was transferred to separations. I requested an appeal, but due to overcrowding of the barracks, I was separated without due process. I appealed again after my separation to have my code upgraded to an RE3, but it was rejected and the code was never changed. From what was explained to me by a Commander at the Great Lakes legal facilities, they going wipe out my military record and make it look like I was never there. I have been able to carry on a relatively stable civilian life with no problems getting grants/loans for school, and even currently hold state licenses to process certain financial transactions. However, they didn't disclose much info regarding security clearances. I am currently in pursuit of a new career where a secret security clearance is required. I need to know if an ELS RE4 will have an impact on my security clearance. Any info on this is greatly appreciated!


Asked on 7/30/08, 10:15 pm

1 Answer from Attorneys
Philip D. Cave Military Law & Justice

Re: obtaining a security clearance

It depends on a variety of factors. One of the issues they look at on security clearance applications is trustworthiness. An issue of fraudulent enlistment might raise such a concern. There are however some pretty good appeal procedures if you are denied a security clearance. You might have a good argument for one or more "mitigating factors."

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Answered on 7/31/08, 1:52 pm


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