CAN I USE DELTA-8 PRODUCTS WHILE SERVING IN THE MILITARY?

Although Delta-8 products can be found readily available for purchase at convenience stores and smoke shops, the legality of the substance varies greatly state to state.  Further complicating matters, the Agriculture Improvement Act of 2018 legalized hemp-derived products, including Delta-8, at the federal level.  Hemp products like Delta-8 are supposed to contain THC levels of […]

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Category: JAG Defense Blog

March 2024

Air Force E-7 Special Court-Martial, Minot AFB, ND Result: Full Acquittal

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Category: Recent Results, Uncategorized

CAN I GET A CLEARANCE WITH PREVIOUS MENTAL ISSUES?

Like most things related to security clearances, the answer is:  It depends.  The SF-86 questions relating to psychological and emotional health were updated in 2016 to align with the recognition that receiving necessary mental health care is a good thing.  There are no conditions or treatments relating to mental health that will automatically disqualify an […]

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Category: JAG Defense Blog

How Do I Get a Statement of Reasons Withdrawn?

When government contractors receive a Statement of Reasons, they are given a choice whether to elect for a hearing before an Administrative Judge or have an Administrative Judge issue a decision based on the written record.  Once that election is made and an applicant’s response has been submitted, Department Counsel (a trial attorney employed by […]

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Category: JAG Defense Blog

Can I use Marijuana if I have a Security Clearance?

There is a lot of confusion about marijuana use while possessing a clearance now that a number of states have legalized recreational use of the substance.  Marijuana use, however, remains illegal at the federal level.  While a small amount of recreational use prior to applying for a clearance may be mitigated by legality at the […]

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Category: JAG Defense Blog

How do I remove my criminal history from DoD law enforcement records?

Current and former military members who were investigated for a crime may have their names entered in the title block of a law enforcement activity report, have their identifying information including criminal history data and fingerprints indexed in DCII, and have DNA samples collected and submitted to USACIL.  This information can have negative impacts on […]

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Category: JAG Defense Blog

What is a No Contact Order? What is a Military Protective Order?

Commanders have the authority to issue two types of protective orders: “No Contact Orders” and Military Protective Orders (MPOs). Commanders, First Sergeants, or anyone with a higher rank than the recipient can issue No Contact Orders. These orders temporarily halt communications between disputing parties, not reaching the level of a criminal investigation, or safeguard the investigative process in criminal matters. On the other hand, MPOs, exclusive to commanders (officers on G-series orders), are typically issued to safeguard individuals during criminal investigations, particularly to prevent spousal, child, or intimate partner abuse.

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Category: JAG Defense Blog

What is a Supplemental Information Request (SIR)?

Imagine potentially derogatory information has been identified that may have a bearing on your eligibility for access to classified information. Perhaps it is self-reported information or maybe it was discovered as part of the automated continuous evaluation background checks.  This information may result in an Incident Report that DCSA CAS or another Agency Adjudicator uses […]

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Category: JAG Defense Blog

What are the new UCMJ Sentencing Guidelines?

Rule for Courts-Martial (RCM) 1002 establishes the military justice system’s new sentencing procedures. With the exception of death penalty cases, the military justice system has transitioned to judge-alone sentencing. That is, members will still determine the findings of the court-martial (guilty or not guilty), but the military judge will determine the sentence following the appropriate […]

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Category: JAG Defense Blog

What Are “Covered Offenses” Under the UCMJ?

Starting on December 28, 2023, military commanders are required to report all allegations of “covered” offenses to the Office of the Special Trial Counsel. The OSTC holds exclusive authority to determine whether a reported offense falls under the category of covered offenses. Additionally, the OSTC may also exercise its authority over related offenses, offenses alleged […]

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Category: JAG Defense Blog