HOW DO I APPEAL A SECURITY CLEARANCE REVOCATION OR DENIAL?

CAN I APPEAL A SECURITY CLEARANCE OR REVOCATION?

Yes. If your clearance has been denied or revoked, you may submit a Reconsideration Package which must be endorsed by the Commanding Officer or Contractor Authority to have your eligibility reinstated.

FEDERAL CONTRACTORS

Contractor applicants are limited to submitting a written appeal to the Personal Security Appeals Board (PSAB), but the PSAB will not consider any new evidence. The appeal must be based on procedural error(s) by the Administrative Judge (AJ). In industrial cases the DoD Department Counsel can appeal the favorable decision of an AJ. The PSAB issues a written decision addressing the material issues raised on appeal and a copy is sent to both parties. The PSAB can affirm, reverse, or remand a case to the original AJ with instructions for further review. The decision of the PSAB is final.

DOD CIVILIAN AND ACTIVE DUTY MILITARY PERSONNEL

DoD civilian employees and military personnel have the choice of submitting a written appeal with supporting documents directly to their PSAB or requesting a “personal appearance” before an AJ. In either case new evidence can be submitted. Those who choose to appear before an AJ are permitted to explain their case (with an attorney, if desired), submit supporting documents, and present witnesses. Although a personal appearance is very similar to a hearing; there is usually no opposing counsel. The AJ evaluates all the information and makes a written clearance recommendation to the PSAB. The PSAB is not required to follow the recommendation of the AJ.

The PSAB notifies the applicant of their final decision and includes reasons for their decision.
Applicants who are denied a clearance with or without an appeal are barred from applying for a security clearance for a period of one year.

SHOULD I HIRE EXPERIENCED MILITARY LAWYER TO ASSIST ME WITH MY APPEAL?

You should certainly consider it. A review of 500 cases decided by Administrative Judges (AJs) at the Defense Office of Hearings and Appeals (DOHA) found that applicants with attorneys were granted clearances 60% more often than those who represented themselves. An attorney who has experience representing clients in security clearance matters can help you navigate the pitfalls of the process as well as help ensure your appeal is as strong as possible. At King Military Law, we’ve worked security clearance issues from both sides of the fence, building comprehensive insight into the process. We know what works, what doesn’t, and why. Please reach out if you think we can help.

King Military Law: Decades of Experience in YOUR Corner–When Experience Matters Most

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Gabe CarothersGabe Carothers
03:05 30 Jul 22
King military law truly cares, and will be by your side every single step of the way. If you are even thinking of calling them. Do It. They are true professionals who care. Thank you king military law.
Ro JairamRo Jairam
15:29 12 Jul 22
Don is the guy you want in your corner. When you are up against the resources of the military and government in general, it can be overwhelming. The military JAGs who may eventually get to defend you do their best, but they are often overrun with cases and can only represent you after you’ve been officially been informed that you’re going to court-martial or administrative separation board.I won’t go into too many details about my specific situation, but Don’s vast experience as a prior judge and JAGC CAPT, his knowledge of the law and particular the UCMJ, and quite frankly, his connections to those in the military legal circles, may have saved my career.Do yourself a favor and call King Military Law for a free consultation. Especially if you think things are going to go sideways (like they did in my case), you should give serious consideration toward hiring an attorney.I’ll end with this since I’m being vague. My situation ended in an outcome that the JAGs were flabbergasted by. I had to make some financial sacrifices to hire this warrior but it was well worth it in the end. The resolution to my situation was fair and equitable, and that’s all I could hope for in the beginning.Thanks Don, and keep fighting the good fight.
Coleman ProffittColeman Proffitt
18:19 26 Jun 22
Don King is a man of integrity, professionalism, and work ethic. He worked tirelessly on my case and was always available for my questions. He made sure that I was well informed on the entire situation and all outcomes. I am thankful that I had Don King on my case, and I would give him the highest recommendation to anyone in need.
ShaunShaun
02:07 09 Apr 22
We only had a Brief conversation. But within those few minutes, He made me smile with relief. He gave me better advice then three lawyers a jag and legal on my ship. I got hit with article 112a, when my ship found a dab pen in my belongings. After his consultation, I feel like I can put my mine at ease. highly recommend 10 out of 10!!!!!!
Roberto AugustinRoberto Augustin
01:40 25 Feb 22
If you are facing any legal issues within your command, please do not hesitate to contact Mr. Don. He is one of the best military attorneys you could ever ask for. He is sincere and extremely knowledgeable about the military law. I was in the process of getting separated for a pattern of misconduct a few months before my EOS. I felt so hopeless and scared that I would lose all my benefits. I waited at the last minute to contact Mr. Don. God knows that was one of the best decisions I have ever made. He took his time to listen to my issues and told me right away that he could help me. After I provided him with all the information that was needed for my case, he and his team were able to write a very successful letter to my command admiral and allow me to get out with an honorable discharge. The only regret I have by choosing Attorney Don and his team is not contacting them much earlier than I did.Thanks again, Mr. Don. I greatly appreciate you and your team for helping me win my case.
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