Expert: Howard Lorenz - 5/29/2010

Question
QUESTION: I was hoping you could tell me upfront if it's time to come up with another plan for what I really, really want to do with my career - I am a lawyer, who for a long time has hoped to become an Army JA someday.

However, it is my understanding that 1) this would require the ability to obtain a secret security clearance, and 2) that would mean disclosing all medical and counseling records from anywhere, ever?  The reason I ask is 3) almost 15 years ago, as a stupid teenager, I engaged in some minor self harm (scratches, really).  I believe that it would be noted in those records somewhere, as such, however, because my parents took me to a counsellor for it.  I was not medicated, or diagnosed with mental illness, and have not required further treatment or had psychological problems since.
But -
My impression is that no matter how long ago this is a complete, total, no-chance-of-a-waiver-ever-ever disqualifier?  I am not one to give up easily, but I want to know what I am up against.  I hate to think that lack of judgment as a stupid kid could stand in my way now, but if it truly is the case that this will always get me bounced no matter what... I'd rather know now and start trying to accept it, and figure out what the hell else I want to do.  Or, if the information I am finding is not accurate, then all I can do is continue applying, tell the truth, and hope for the best.

It is hard to swallow that my ability to suck it up and make the best of a hard situation is one of the things that has always made me think I would do well with the challenges of military service... may be most put to the test in accepting that youthful idiocy could keep me from ever getting the chance.

I want to know the truth before I go too far in the application process and get my hopes up of getting a spot someday, only to find out that I may have already ruined my dream for myself years ago.  It is hard to stomach the thought of applying for what I hear can take several boards, if you ever get a spot at all, and then to have this come back to haunt me anyway.

I want to know if it truly is the case that there is no way, no matter how many psych evaluations saying I am stable and emotionally healthy, that I could get past this?

ANSWER: The one thing to to remember is that the Government only has access to what you give them when it comes to the medical records. HIPPA laws protect them. Even from the Gov't.

I would consider getting a letter from your doc just as a back up, but it sounds to me like it was a kid looking for attention back in the day. But then Im not a doc. They may send you to in for a psych counsel and then make their decision. ..Just have to try, what do you have to loose really?

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

QUESTION: Thank you for your time.  I guess that is the rub for me - to apply for the clearance, you have to agree to release all records, and it specifically asks about counsellors.  

Is it possible to submit records ahead of time, to get an answer on whether you'd be acceptable or not?  The answer I've generally seen about "will I be able to get in despite this or that" is usually to ask a recruiter, but since JAG doesn't go through a recruiter I'm not sure where to find out if I could have a chance or not; it doesn't seem up the alley of things I'd want to contact JARO about?  The other thing is, while I do have some small scars that I doubt I could explain away... I honestly can't remember the name of the counsellor I saw all those years ago even if I WERE to want to disclose the records.  Is there somewhere I could go for further advice on the specifics of my situation?

Thanks for taking the time to answer my question; I appreciate it!

Answer
The thing is, they give you a questionnaire to fill out. Thats how they get their information. They can only know what you tell them.  HIPPA laws prevent them from just walking in and getting all medical records. They have you sign a "Official Release", but its not worth the paper it written on because, all hospitals have a form thats internal to them that they will only release information to if its done on that form.....

So in a nut shell... the only information the Govt is allowed to get on anyone is by what you tell them. About 40% of applicants who apply to the military DQ them selves because of what their parents told them they had, but was never diagnosed by a doctor! The Doc at the MEPS is going to want to know WHY you had the counsel. If it was due to a family related issue(Not because of you) then there is no issue with the MEPS. There are alot if considering factors that they have to look at. Not all Psych evaluations are taboo.....not in this day and age. Seems like everyone a psychiatrist on their list of family doctors now days.

This is why I said apply, you already know what the worst outcome is. In your line of work, should you not get in as a JAG, the government still hires attorneys in the civilian capacity. I dont see that you have anything to loose.