I had my clearance for over 20 years. I am a Reservist and Federal employee. My clearance was suspended due to CH 10 Discharge OTH and packet was sent to CCF for determination. They imposed a local suspension of my access. How long will this take and because of the CH10 is it more likely my clearance will be revoked?
To clarify, you have a clearance based on your current Federal employment, were discharged from the Reserves with an OTH, and because of the type of discharge your current employer suspended your clearance pending an investigation into the reasons for the discharge?
Suspensions cannot be indefinite, so once the adjudicator has gathered all the facts surrounding the reason for the suspension then they will determine whether to issue you a statement of reasons intending to revoke or they will reinstate. You know the reasons for the OTH, so start preparing your response to mitigate the concerns if they go the SOR route.
My organization and supervisor refuse or stalling to give me a copy of what
was sent up to CCF. Is that legal? Should I hire a lawyer?
Meaning the Statement of Reasons that they have suspended with intent to revoke, at which time you are provided with the details of exactly why your clearance was suspended, and instructions on how to appeal.
I had to google Chapter 10, looks like that is discharge in lieu of UCMJ action (ie putting someone on trial). So I guess it depends on what the charges would have been. Now, I have heard of people getting chaptered out just because it was easier than doing Article 32/Article 15/etc etc etc and also because they wanted to get rid of people. I suppose there is a chance that you would be able to successfully challenge, or even a chance that the adjudicator would find it is not a concern for civilian access.
The Incident Report is in your JPAS record. You can make a Privacy Act request to the Defense Manpower Data Center (DMDC) for a copy of your JPAS. You can also make a Privacy Act request for a copy of your local security file, which should also have a copy of the Incident Report. Try DMDC first; they'll probably respond faster, or try both at the same time.
What is the difference dishonorable discharge and Chapter 10, other than honorable discharge? I’ve been told that my discharge is not a dishonorable discharge. Currently, working for the federal govt, my clearance was suspended until we hear from CAF, so far its been almost a year, still working everyday with my organization though. I was discharged from the Army Reserves with a CH 10, OTH.
While neither are good…having a dishonorable discharge is equivalent of having a felony conviction and keeps you from receiving almost all VA benefits. An OTH discharge is not as serious but can still cause a stain on your record and will most likely be a roadblock to finding future employment. For your situation, I’m assuming that it is going to depend on WHY you were given a OTH on if you are going to be eligible for a clearance. Being a veteran myself, I’ve seen people given OTH discharges that probably deserved dishonorable or bad conduct discharge because the command didn’t feel like going through the process and just wanted them out. The devil is in the details in regards to how it will affect your clearance.