WHAT ARE THE SMITH AND BOND AMENDMENTS?
Several years ago the government enacted the SMITH AMENDMENT, which implemented restrictions regarding eligibility for granting security clearances, within the Department of Defense only, prohibiting the granting of clearances in four situations: 1) A person who was “Dishonorably Discharged” or “Dismissed” from the military service; 2) A person who has been convicted In a U.S. Federal or State court, including Courts-Martial, sentenced to imprisonment for a term exceeding one year and actually incarcerated for not less than one year; 3) A person who is a current abuser of or addicted to a controlled substance; and, 4) A person who is mentally incompetent. With regard to number 1, above, an enlisted member can receive a Dishonorable Discharge. The officer equivalent of the Dishonorable Discharge is a “Dismissal.” This provision IS NOT triggered by receiving an “Other Than Honorable” (OTH) administrative discharge. Receipt of an OTH may impact on an ability to obtain a clearance, but rec
Several years ago the government enacted the SMITH AMENDMENT, which implemented restrictions regarding eligibility for granting security clearances, within the Department of Defense only, prohibiting the granting of clearances in four situations: 1) A person who was “Dishonorably Discharged” or “Dismissed” from the military service; 2) A person who has been convicted In a U.S. Federal or State court, including Courts-Martial, sentenced to imprisonment for a term exceeding one year and actually incarcerated for not less than one year; 3) A person who is a current abuser of or addicted to a controlled substance; and, 4) A person who is mentally incompetent. With regard to number 1, above, an enlisted member can receive a Dishonorable Discharge. The officer equivalent of the Dishonorable Discharge is a “Dismissal.” This provision IS NOT triggered by receiving an “Other Than Honorable” (OTH) administrative discharge. Receipt of an OTH may impact on an ability to obtain a clearance, but rec
