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Military & Veteran Lawyer > Blog > Managing Your Military Career > Appeals of Security Clearance Revocation

Appeals of Security Clearance Revocation

What option do those who have a security clearance revoked or denied have to regain or attain a clearance?

An individual whose security clearance has been denied or revoked by a central adjudication facility has the opportunity to appeal the decision. The process for doing so differs between military and civilian personnel and contractors. Executive Order 12968, “Access to Classified Information,” prescribes the process for military and civilian personnel. Executive Order 10865, “Safeguarding Classified Information Within Industry,” outlines the process for contractors.

For contractor personnel, the denial, revocation and appeal process is the responsibility of the Defense Office of Hearings and Appeals (DOHA). The individual may request a hearing before a DOHA administrative judge in order to provide additional, relevant information and will have the opportunity to cross-examine witnesses. Upon completion of the hearing, the administrative judge will render a decision. If the decision is to deny or revoke the security clearance, the individual has the opportunity to appeal the decision to the Appeal Board. The Appeal Board will review the case file and render its decision. This decision is final and concludes the appeal process.

At the conclusion of the appeal process, an individual whose security clearance has been denied or revoked may not reapply for a security clearance for one year from the date of the final decision. The individual may reapply for a security clearance through his or her employing activity if there is a need for access to classified information. The individual is responsible for providing documentation that the circumstances or conditions which resulted in the denial or revocation have been rectified or sufficiently mitigated to warrant reconsideration. The central adjudication facility may accept or reject the reapplication.

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