I'll try to brief and descrete. I recently appealed an Intent to Deny Security Clearance. My unit(Army Reserves) just mobed. I was given a counseling statement from my Commanding Officer stating that I would not be mobed and that I was loosing my MOS and had to leave my unit due to the revocation of my clearance(Secret Clearance is require for my MOS). I was recently informed that my clearance is in suspension,but has not been denied at this time. Can he do that? Do I have a possible Article 138 issue? I was told to leave and it was on me to find a new unit....I don't even have a place to drill now.
Originally posted by carrerSGT: Do I have a possible Article 138 issue? I was told to leave and it was on me to find a new unit....
Yes the commander can do everything you mention. The only disconnect is it’s not simply telling you, there is a specific documented process for each action you mentioned. I’m least familiar with Army reserve policies than active duty policies, but Article 138 is common to all services and all active duty and reserve components. If you be active duty I’d say you are well on your way to a involuntary separation with less than Honorable character of service discharge.
Article 138 is specific address concerning something done by your commander to you, however the rules of evidence and process of inquiry is similar to filing an IG complaint and the accomplishing of an IG inquiry, a Congressional Inquiry or even a civil/domestic compliant in the civilian court system.
And being reserve, I can almost guarantee that, barring any impropriety being the cause for the clearance denial, that you will be given the option to move to another unit and retrain to an MOS that is not clearance based, and/or to continue your commitment in the IRR in a non-pay status.
If you received any bonus based on your MOS, you will likely have to pay that back, however.
The Army Guard retrained several people that were aviation folks in my last unit...they got into credit issues or DUI issues, and for whatever combo of reasons, didn't get their clearances renewed at the reinvestigation point. Not one of them did I hear about getting shafted out of the service.
A few got shafted in to the slam/bam Motor Transport Operator school (88M), as they were looking for the shortest "quickie" AIT to get them into another MOS'q'ed status...and lo and behold, those folks got cross-leveled into deploying units from across the US.
(i.e. pick something other than 88M if that ends up your option)
