Misc Pub 27-8 Legal Handbook Commander’s 2019

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

1. Written Statement of Reasons The subject individual must receive a written statement of the reasons why the revocation is contemplated.2. Opportunity to Respond
3. Written Explanation in Response to the Subject Individual’s Rebuttal The subject individual must receive a written response to his or her own response.4. Opportunity to Appeal
Return to Table of Contents 217 36 Sexual Harassment A. References

4. Documentation
A commander who suspends access to classified information will ensure that the suspension is documented in the Field Determined Personnel Security Status data field of the Standard
Installation/Division Personnel System personnel file.
E. Procedures For Revocation
Chapter 8 of AR 380-67 governs revocation procedures, and requires providing the subject individual due process before final action is taken to revoke his or her clearance. Only the CCF or those specifically delegated authority may revoke an individual’s security clearance. While commanders at any level may suspend, most commanders do not have final authority to revoke a security clearance. With regards to revocation procedures, commanders should be aware of the following:
1. Written Statement of Reasons
The subject individual must receive a written statement of the reasons why the revocation is contemplated.
2. Opportunity to Respond
The subject individual must receive an opportunity to submit a written response regarding the proposed revocation. At least one commander in the subject’s chain of command must endorse this response and provide a recommendation and rationale as to whether clearance should be revoked or restored.
3. Written Explanation in Response to the Subject Individual’s Rebuttal
The subject individual must receive a written response to his or her own response.
4. Opportunity to Appeal
The subject individual must be afforded an opportunity to appeal to a higher authority any determination against him or her.
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36
Sexual Harassment
A. References
• • DoD Directive 1350.2, Department of Defense Military Equal Opportunity (MEO) Program DoD Instruction 1020.03, Harassment Prevention and Response in the Armed Forces AR 600-20, Chapter 7 and Appendix C

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