Expert: MARK A. HOWELL - 5/19/2010

Question
QUESTION: Hi.

I need some advice if you would. I recently joined the US ARMY. I am in a Guaranteed Contract for 35N- Signals Intelligence Analyst.  I am leaving on Sept 01, 2010. With this job, I will need a Top Secret Clearance. My questions are:

1. Realistically, how long will it take before I know if I qualify for a TS Clearance?

2. If I don’t qualify, will they just put me into a job or will I have some say as to what job they put me in?

3. This is the one I am really worried about. Going into the Army, I have a lot of law violations….17 to be precise. They are ALL Traffic….mostly speeding tickets. I have never had a misdemeanor or Felony. I listed/released ALL tickets to the Army upon my enlistment. All my tickets are paid in full/dismissed. I got the approval of the Recruiting Commander to enlist.  At MEPS, the security checker told me that I should qualify for a Top Secret Clearance.
- What I want to know is, on 2 of the jobs I had worked at when I was younger (17 years old and 20 years old)…..I put down on my Job Resume that I had more education than I really did. For example, one of the jobs I had, I was applying for Nutrition Sales…..and I had completed a certificate program from UCLA for Nutrition….however, on my Resume, I said I received a Degree from UCLA…when really…it was a certificate.  Also, at one of my jobs when I was younger, I had multiple write-ups for being late to work. Overall, I have never been fired from a job…I have never stole, been intoxicated…and have always had a good report with my employers.

Over all I have never had any criminal history….I am a proud American…my family and grand family are all Americans and ex-military.  

So, do you think I still have a chance a qualifying for a Top Secret Security Clearance?

ANSWER: Gerry,
1.  Your particular job determines your need for a clearance, whether it be Secret, TS, or other.  There are many "degrees" of TS, all depending upon your "need to know." You're correct in thinking that almost everybody in the Intel career field has at least a TS clearance.  Actually, they're not that hard to obtain, it just takes a long time because of the backlog.  Normally, they run a National Agency Check (NAC).  A NAC consists of a check of the files of a number of government agencies like the FBI to see if you have a record, and for pertinent facts bearing on your loyalty and trustworthiness (i.e. they make sure you're not a member of the KKK or the Communist Party.  If you pass the NAC they will grant you an INTERIM TS clearance so you can begin doing your job.

After you're on-the-job they will begin a background investigation on you.  It is  much  more  extensive  than  a  NAC.  It  is designed to develop information as to whether the access to classified information by the person being investigated is clearly consistent with the interests of national security.  It probes deeply into the loyalty, integrity, and reputation of the individual.  They will asak you for names of neighbors and references, and then just to make sure you're not bribing somebody to give you a good reference, they will ask your referenced people to give them names of other people who know you, and then interview them.

Eventually they'll probably do a Special Background Investigation on you.  An SBI is an investigation  conducted  by  special agents of the Defense Investigative Service, with  extended coverage of your background to provide a greater depth of knowledge than a BI.  The scope of an SBI is the last 15 years or since your 18th birthday, whichever is shorter.

No investigation is ever conducted prior to your 16th birthday.

So you may well be on the job for over a year before you ever find out.  All this investigation is done without you ever knowing it.  One day your Security Officer will simply say congratulations your clearance is final as of XXXX date.

2.  If for some reason you don't pass, they'll just move you to a job that doesn't require any kind of clearance.  It may or may not be within the Intel career field.

3.  If your legal problems were as minor as you say, they're insignificant.  I personally had so many traffic tickets (over 100) that on the entrance form I had to type in "See attached page."  Mostly for speeding, my license was suspended for 6 months and then again for a year.  I attended Traffic School numerous times.  Despite those past problems, I hold a security clearance so high I cannot even say the name of it.  I can say it's about 4 levels higher than TS.

Only if you had other run-ins with the law would they add-in your traffic tickets and say, "This guy has no respect for the law."

As for your your jobs way back when, don't worry or even mention your problems.  Because those jobs really don't pertain to the kind of work you'll be doing, they likely won't even be checked.  If they do, it'll just be to ask the boss if you were a good worker.  No way they'll check your application, besides, once you're hired most places simply throw away your application.

Bottom line, don't worry about it.  I know its easy for me to say, but I'm serious.
Relax and enjoy your new job.  You've got nothing to worry about.

I'm glad you decided to keep up the family tradition of serving in the military.
Colonel H






---------- FOLLOW-UP ----------

QUESTION: Sir,

I can not tell you how much I appreciate your guidance and advice! It really means a lot to me….and after hearing your story, I feel much more relaxed about everything.

However, as of today, I might of just screwed myself over…so if I could ask you for your help one more time I would really appreciate it!

First off, I officially have 17 law violations…..and every single one is either a Speeding ticket or I think 1 or 2 of them are a Cell Phone ticket. I have NEVER been in trouble with the law in ANY other way. My record is squeaky clean other than this.

As I was saying before, upon enlisting, my Army Recruiter had me get a “Moral Review” for the tickets from a Commanding Officer.  They did not say I needed a waiver, just a review….and the Officer approved the review and I processed.

My problem is, what had happened today! I was driving on a toll road, and naturally not paying full attention to my speed…and I got pulled over fro going 97mph in a 65mph! So he gave me a speeding ticket. Then, driving home, the SAME cop pulled me over for driving 76 in a 65! So I now have 2 speeding tickets in 1 day. I have already done traffic school…so I know that’s out of the question…..so how screwed am I? Will this get me kicked out of the DEP or prevent me from shipping? I was thinking if I go in and talk to the judge, I can probably do a 2 day traffic school on one of them…however the 97mph they wont let me get rid of….so what should I do? Do I need to tell my Recruiter or can I just pay the tickets in Full and not worry about it? I am in a panic about this….what should I do to prevent me from getting kicked out?

ANSWER: Gerry,
You'll still be OK, especially since the commander didn't think you need a waiver.  Your otherwise clean record is a big plus.  The police don't know to send records of your tickets to the military unless you showed them you military ID.  If you did, then you will eventually be called in to explain to either your 1st Sgt or your commander, so you better have a good story for them (such as on your way to have a baby) and the military has no reason to go looking at your records again.  So you're lucky this time.  If you were arrested and hauled off to jail the military would definitely discover that.

Next week I'll be driving across the U.S. and into eastern Canada to go bear hunting.  I hope I don't drive through your state!  

Please send me a follow-up some day and let me know how it goes for you
Colonel H

---------- FOLLOW-UP ----------

QUESTION: HAHAHAHAHA! I am the one that needs to be worried with your 100 tickets! Hahaha...when i showed up to MEPS, all of the Counselors told me that i had more speeding tickets than anyone that they had seen in a looong time....i was a celebrity....i was, "the speeding ticket guy" haha not exactly a good way to keep a low profile haha.

Deer hunting sounds like a blast! I just got back from Canada doing a little fishing...it was still really cold, but the fishing was great up there. And your right, definitely don't drive through California! With the state in the hole so bad, they are looking for every little thing to make money on, and getting people for speeding is a good way of doing so.

As for my speeding tickets....i did not show the cops or tell them that i was Military. I just gave them my regular license. So, do you think i would be okay just paying the 2 tickets off in full, and not telling my recruiter/the military when i leave for Basic?? Or is it something i need to bring up? I figure if i pay them in full...and they are both closed....then the Army wont try and keep me from leaving for Basic..or would they? I'm just curious as to what could happen if they found out...do you think they would drop my contract over speeding tickets?

Thank you again for all your help sir....it has been a real pleasure talking to you....and i will absolutely drop you a line in a few months and let you know what happened with my Security Clearance. Your assistance has been greatly appreciated sir!

-Gerry

Answer
Gerry,
As a base commander, the Security Police work for me.  Their radar gun had been broken for almost a year and I kept harping at them to get it fixed.  They finally did and guess who the first person was that got caught speeding on base...me!

There's no way anybody will ever know about your last 2 tickets.  At least not in time to prevent you from departing.  No need to mention it to your recruiter or anybody.  Whenever they get around to investigating you for a security they'll see you have 19 tickets instead of 17, no big deal.  Speeding does not make you a security risk, so they'll grant you a clearance.  As I said, it'll be a long time before you ever get a clearance, so don't worry and simply don't ever mention it.

By the way, I said bear hunting, not deer.  I've got lots of deer right here where I live.  Plan to fish in Canada also while I'm there.  Lots of brook trout where I'm going.
Colonel H