The notice of suspension will set forth in detail
the reasons for initiating the proceedings.
Normally the employee will be entitled to all
information except that which will reveal classified
security information or material, investigative
methods, or the identity of confidential informants.
d. The hearing "by a duly constituted authority for this purpose" provided for in Public Law 733 shall be construed to mean a hearing before a board composed of not less than three members, a majority of whom must be civilians.
e. A finding and recommendation by a hearing board
which are unfavorable to the employee shall be
promptly reviewed by the Secretary concerned or
his designee, and the employee notified, in writing,
of the Secretarial action on the case. A Secre-
tarial decision favorable to the employee also will
be promptly communicated to the employee.
A resignation submitted by an employee after notice of suspension or other proposed adverse action under Public Law 733 has been communicated to him and before final action has been taken, will be accepted. However, the Standard Form 50 effecting the resignation will bear the notation that the resignation was accepted during action under Public Law 733.
In case an employee whose employment has been suspended or
terminated under Public Law 733 is reinstated or restored
to duty by the Secretary concerned, he shall be allowed
compensation for the entire period of such suspension or
termination in an amount not to exceed the difference be-
tween the amount such employee would normally have earned
during the period of such suspension or termination at
the rate he was receiving on the date of suspension or
termination, as appropriate, and the interim net earnings
of such employee; provided that the employee shall not be
compensated for any extension of the period of suspension
or termination caused by his voluntary action and not the
result of the action of the agency in suspending or termi-
nating him.
REINSTATEMENT, RESTORATION TO DUTY, REEMPLOYMENT (WITHIN THE
DEPARTMENT OF DEFENSE
Any person whose employment is suspended or terminated under
the authority granted to heads of departments and agencies by
or in accordance with Public Law 733 or pursuant to Executive
Order No. 9835 or any other security or loyalty program relat-
ing to officers or employees of the government, shall not be
reinstated or restored to duty or reemployed in the same depart-
ment or agency, and shall not be reemployed in any other depart-
ment or agency, unless the head of the department or agency
concerned finds that such reinstatement, restoration, or reem-
ployment is clearly consistent with the interests of the national
security, which finding shall be made a part of the records of
such department or agency: Provided, that no person whose employ-
ment has been terminated under such authority thereafter may be
employed by any other department or agency except after a deter-
mination by the Civil Service Commission that such person is
eligible for such employment.
REVIEW AND READJUDICATION OF PREVIOUS CASES
Each Secretary or his designee shall review the cases of all
civilian officers and employees with respect to whom there has
been conducted a full field investigation under Executive
Order No. 9835, and after such further investigation as may be
appropriate, shall readjudicate, in accordance with Public Law
733, such of those cases as have not been adjudicated under a
security standard commensurate with that established under this
directive.
REFERRAL OF POSSIBLE DEROGATORY INFORMATION
Whenever there is developed or received by any department or agency of the Department of Defense information indicating that the retention in employment of any officer or employee of the government may not be clearly consistent with the interests of the national security, such information shall be forwarded to the head of the employing department or agency or his designee. In cases referred to the Department of Defense, the Secretary concerned or his designee, after such investigation as may be appropriate, shall review and, where necessary, readjudicate, in accordance with Public Law 733, the case of such officer or employee.
XIII. REPORTING REQUIREMENTS
Pursuant to Executive Order 10550, which amended Executive
Order 10450, and in order to assist the Civil Service
Commission in discharging its responsibilities under Execu- ✶
tive Order 10450, the Military Departments and the Office
of the Secretary of Defense will, as soon as possible and
in no event later than ninety (90) days after the receipt
of the final investigative report on a civilian officer or
employee subject to a full field investigation under the
provisions of Executive Order 10450, advise the Civil
Service Commission as to the action taken with respect to
such officer or employee. This report will be in accord-
ance with and conform to the reporting requirements of
the Civil Service Commission as stipulated in Departmental
Circular No. 771, dated 27 October 1954. No OSD Report
Control Symbol has been assigned to this requirement.
EFFECTIVE DATE
This directive is effective immediately.
Existing regulations will be modified as necessary to conform to this directive, and copies of the revised regulations will be forwarded to the. Secretary of Defense.
CEvilion
Secretary of Defense
Department of Defense Directive
February 15, 1962
NUMBER 5210. 8
Policy on Investigation and Clearance of DoD Personnel for Access to Classified Defense Information
References: (a) Department of Defense Directive 5210.8,
"Policy on Investigation and Clearance
of DoD Personnel for Access to Classified
Defense Information," June 29, 1955
(hereby cancelled)
(b) Department of Defense Directive 5200.1,
"Safeguarding Official Information in the
Interests of the Defense of the U. S.
(c) Department of Defense Directive 5210.7,
"Department of Defense Civilian Applicant
and Employee Security Program"
(d) Department of Defense Directive 5210.2,
"Access to and Dissemination of Restricted
Data"
A. To prescribe the policy and general procedure relating to personnel security investigations and the clearance of military and civilian personnel for access to classified defense information, including cryptographic information and "Restricted Data."
To define the minimum standards of investigation and the criteria upon which clearances may be granted.
C. To effect general uniformity in the field of personnel security investigations and clearances throughout the Military Departments and in all other agencies and activities of the Department of Defense including the Armed Forces Reserve and National Guard.
Reference (a) is hereby superseded and cancelled.
Classified Defense Information. Official information or material which requires protection in the interests of national defense and which is classified for such purpose by appropriate classifying authority in accordance with the provisions of reference (b).
B. National Security. This term relates to the protection and
preservation of the military, economic, and productive
strength of the United States, including the security of
the government in domestic and foreign affairs, against or
from espionage, sabotage, and subversion, and any and all
other illegal acts designed to weaken or destroy the United
States.
C. Alien. As used herein, the term "alien" means any person
not a citizen or national of the United States.
D. Immigrant Alien. As used herein, this term means any alien
lawfully admitted into the United States under an immigra-
tion visa for permanent residence.
No person shall be entitled to knowledge of, or possession of,
or access to, classified defense information solely by virtue
of his office, position, or security clearance. Such infor-
mation may be entrusted only to those individuals whose official
military or other governmental duties require such knowledge or
possession and who have been investigated when required and
cleared for access in accordance with the minimum standards
prescribed by this directive. Clearances serve to indicate
that the persons concerned are eligible for access to classified
defense information should their official duties so require.
As a general policy, no person will be granted a security clear-
ance unless it is affirmatively determined as prescribed herein
that such clearance is clearly consistent with the interests of
national security.
CRITERIA FOR APPLICATION OF POLICY
A. The ultimate determination of whether the granting of a
clearance is clearly consistent with the interests of
national security must be an over-all common sense deter-
mination based on all available information. The activities
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