Asked this question previously but didn't give enough information. My command had problems with me. I came to them as LLD. You wouldn't tell by looking at me. The Master Chief thought I could PT even after Doctor said no.
One day the command decided they would take me to NCIS to find out what was going on with me. They recorded information and I went on about my business.
In my talking with NCIS I told about a foreign contact. I had previously disclosed to the command. The command acted like it was new information. They then sent me to summary court martial.
I wasn't given a rate reduction, restriction, or forfeiture of pay and retired with an honorable discharge. Fast forward to today.
I am undergoing a background investigation for a military job. The incident isn't in my OMPF yet NCIS has a record of it and said clearance was taken. Why the discrepancy? Should NCIS have scrubbed the information and what is my recourse in the matter? Never signed paperwork for removal of clearance. As a matter of fact when got to command initially signed a debriefing
Lots of issues within your question. I encourage you to consult a military attorney. Prior to doing so, you should think about and be prepared to answer the following questions. I advise you not to answer these questions here, but rather discuss them with an attorney.
1) Its very odd that your command would refer you to NCIS to investigate your failure to PT. NCIS does not investigate such things. Are you sure you weren't being investigated for something else?
2) If you weren't guilty of anything I'm wondering why you accepted summary court-martial?
3) You state you retired with an honorable discharge. Did you retire medically, after 20 years, or do you mean you separated (rather than retired) from the military?
It sounds as the you were "titled" in NCIC for something more than PT failure. You can read more about titling, NCIC, and final disposition reports here https://www.avvo.com/legal-guides/ugc/help-my-background-check-shows-an-arrest-during-my-military-service-but-i-was-never-convicted
*This post is for informational purposes and should not be construed as legal advice or as establishing an attorney-client relationship.
NCIS does not take clearances. Without knowing what shows at the adjudication facility or JPAS we have no idea what happened to the clearance. The record of court martial should have been in the system. You don’t get court martialed for a foreign contact so there is more to this. You need to get the records and have them reviewed,
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
This is a little different from your last posting. This problem is very common. NCIS will make a finding, basically, that there was probable cause to believe that you committed a crime. The military exonerates you, but NCIS' records, shared in a national database still lists you as having committed a crime. In contrast, if you committed murder in the civilian world and had the conviction tossed on a technicality, your records would have been sealed. You have to first make a request to NCIS to remove the material, and if they don't you will have to sue the Navy in Federal Court.
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