MNB Meridian Law Lauds Department of Defense's Sweeping Changes to Security Clearance Appeals

PHILADELPHIA and WASHINGTON, Jan. 27, 2021 /PRNewswire/ -- The Department of Defense issued sweeping changes to the ability of all DoD Service members, current and prospective civilian employees, and Contractors to appeal denials of security clearances to the Defense Office of Hearing Appeals ("DOHA").

These changes are major, fundamental, and favorable to individuals who were denied a security clearance for any variety of reasons.  Previously, in all cases but for DoD Contractors, DOHA issued only recommendations to the Military Service's Personnel Security Advisory Boards ("PSABs") who had the final say in granting or denying the appeal.  Beginning sometime before September 2022, all clearance denial appeals will be made by DOHA and will be binding on the Army, Navy, Air Force, and DoD intelligence organizations.

"For the first time, there will be an across-the-board, rational, and common-sense approach to adjudicating denied security clearances," said Charlotte Herring, Founding Partner of MNB Meridian Law. "While there are exceptions to the general policy, for a very large majority of DoD personnel seeking reinstatement or an initial security clearance, this new policy will mean a quicker resolution to their cases."

DOHA will not begin to hear and decide cases until the General Counsel (GC) of the DoD certifies that DOHA is prepared to hear the cases.  Given that DOHA has been requesting this authority for many years, the expectation is DoD GC certification will come long before September 2022.  Individuals whose security clearance eligibility is revoked between January 14, 2021 and the date of the DoD GC certification may request (in writing to their Component, e.g., Army, Navy or Air Force) to have a hearing of their case delayed until DoD GC certification.

About MNB Meridian Law, Ltd. 

MNB Meridian Law specializes in military personnel law, a rapidly increasing and important subset of military law.  As experts in military personnel and administrative law, MNB Meridian Law ensure its clients understand the 2^nd and 3^rd order effects of adverse administrative actions as they affect promotions, security clearances, and Veterans and other benefits.

CONTACT: Christopher Nuneviller, 215-367-3761, [email protected]

SOURCE MNB Meridian Law, Ltd.

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