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01changeup

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Possible Bad Conduct Discharge
« on: Apr 21, 2010, 02:27 »
Let me first start out by saying that I have searched the forum (both manually and with the search function), and I have not found an answer to my question.  If it is there, I am sorry that I missed it.  Please point it out to me, and I will read it there.

Q:If I get discharged from active duty with a Bad Conduct Discharge, is working in a civilian Nuclear Power Plant still a possibility?

Details:(I will be vague here on purpose, for two reasons.  The first, which is more important, is that I am still being investigated by NCIS.  Second, I don't want to air my dirty laundry on the internet unless I have to.  I will share more details if needed)
I have been in the Navy for 8.5 years, and I have 7 years of sea time (CVNs).  I have qualified up to CMO and QAI.  I have had my NEC removed (3395) and I am in the process of having my clearance revoked.  These actions have been taken because I had a phone (iPhone) in the plant, and I had it out and in use.  In addition (and related) to this, I am under investigation by NCIS.  The (potential) charge does not involve drugs, alcohol, violence, or espionage. 

I would like to point out that I take full responsibility for my actions.  I am not trying to hide behind excuses or blame.  I plan on being 100% forthcoming with any potential employers.

The BCD is not a given yet.  I might not get kicked out at all, or I might get the BCD, or anything in between. 

All of that being said, what are the chances that I will be able to find employment in the Nuclear Power Industry if I receive a BCD?  I can and will give more details if they are needed.  Thank you all in advance for your help and advice with regards to this matter.

V/R
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Re: Possible Bad Conduct Discharge
« Reply #1 on: Apr 21, 2010, 03:11 »
I am nowhere near an expert on these matters, but I would think that your chances are greatly diminished by this.  If the USN determines that you are enough of a security risk to remove your clearance I think that most, if not all, utilities will think the same way.  Unfortunately think you will have a rough go of things if they do charge you and it sticks, regardless if you get a Big Chicken Dinner or not.  Probably not what you wanted to hear, but I may be wrong. 
WARNING: Translation of author's random thoughts may have resulted in the unintended introduction of grammatical errors, typos, technical inaccuracies, lies, propaganda, rhetoric, or blasphemy.

01changeup

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Re: Possible Bad Conduct Discharge
« Reply #2 on: Apr 21, 2010, 03:41 »
Thank you for your reply.  At this point, all I "want to hear" is an accurate account of my chances.  That way, if my chances are bad (or none), I can figure out "what I want to be when I grow up" now, and figure out what is available to me now, instead of as it is happening.  My ultimate (and #1) goal right now is to figure out what can be done to support my wife and her goals.  I am hoping to be able to market my training and experience, but if I can't, then I want to know as soon as possible so that I may find something else to accomplish my goal.  Anyway, thank you again for your reply.

V/R
01changeup

Also, if it matters, I am an E-6. 
Follow up question: If my NEC is removed, does that mean the Navy MUST remove my clearance, or is that a separate issue?  I am being told that my clearance will be removed BECAUSE my NEC was removed, not for any other reason. Thank you all again for your help.

V/R
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JustinHEMI05

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Re: Possible Bad Conduct Discharge
« Reply #3 on: Apr 21, 2010, 08:02 »
Hmmm, an iphone in the plant? Seems a knee jerk reaction to me. Unless of course there is more to this that you don't want to share.

I give you better chances than the other guys. After some time passes that is. They won't give you unescorted access for at least a few months after the discharge. But eventually, I think you could get access. Again though, that depends on the part I think you are leaving out.

RAD-GHOST

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Re: Possible Bad Conduct Discharge
« Reply #4 on: Apr 22, 2010, 03:33 »
iphone = Recording Device.... :D

Remember we're in the post 911 world!  Your not judged on what it is, but what it could be!

RG... ;)
« Last Edit: Apr 22, 2010, 03:35 by RAD-GHOST »

Offline DDMurray

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Re: Possible Bad Conduct Discharge
« Reply #5 on: Apr 22, 2010, 06:12 »
The vagueness from the OP leads me to believe there is more to the story.  Every job application I filled out wanted to know what type of discharge I got from the Navy.  Once hired, HR wanted a copy of my DD-214.
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rlbinc

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Re: Possible Bad Conduct Discharge
« Reply #6 on: Apr 22, 2010, 06:23 »
I think your chances are not good.

01changeup

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Re: Possible Bad Conduct Discharge
« Reply #7 on: Apr 22, 2010, 09:51 »
Thank you all for your opinions and advice.  There is more to the story than the iPhone in the plant, as I tried to allude to in the first post.  Perhaps I wasn't clear.  I don't want to give details due to the ongoing NCIS investigation.  I can say that it has nothing to do with CTEs or cheating.  I will also again say that it has nothing to do with Drugs, Alcohol, Violence, or Espionage.  I don't know how specific I am allowed to get.  I will say that the ROOT CAUSE (there is a Nuke Navy term!) of the investigation was an addiction to pornography.  I have since changed my lifestyle in that area, and I am seeing a counselor to help me with said addiction.  I am doing everything that I can do to learn from my mistake and make myself a better person.  I have made a very LARGE mistake.  Like I said before, I take full responsibility for my actions.  I think that if I can get to the interview stage that I will have a much better chance of being hired somewhere because I will be able to explain the exact circumstances and might be able to reassure the employer that I am no longer a risk.  As for gaining a clearance, I don't know.  That will be up to somebody else.  That my NEC has been removed and my clearance will be taken (I am told), I have been told that this is ONLY for the phone in the plant, and not for any other potential future charges.  I am not sure that I believe my CofC on that, but this is what I have been told. 

Anyway, after rambling on again, thank you all for your help and advice. 
V/R
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Offline Mike_Koehler

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Re: Possible Bad Conduct Discharge
« Reply #8 on: Apr 22, 2010, 10:26 »
I don't remember what a 3395 is (it sucks to get old) but if it had anything to do with radcon you could try to come out here to Hanford...... There is a serious shortage of people out here and I personnally know of at least 1 person with security clearance issues at least as large as yours that is working here. You just need to be honest, demonstrate rehabilitation and keep your nose clean and work in this industry is possible, not easy, but possible to obtain.

Mike
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Offline Zog

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Re: Possible Bad Conduct Discharge
« Reply #9 on: Apr 22, 2010, 10:28 »
A sailor with an addiction to pornography? Who would ever think that? Sounds to me like this may be a knee jerk reaction but a BCD is a BCD and like others have said will be seen as an integrity issue so I think your nuclear career may be over.

But, there are other industries that love ex Navy nukes that won't see this as a major issue. Nukes are known in the civilian world as very trainable, if they can succeed in the nuclear program they can learn anything.

Offline bradley535

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Re: Possible Bad Conduct Discharge
« Reply #10 on: Apr 22, 2010, 10:35 »
"Addiction"... cute.

Anyway, I don't see how that would affect your clearance, but that's the Navy thinking. If they catch you doing something that they don't like and it requires that you are made an example of, then they do their best to strip you of all they can. This is a tactic to keep others from doing likewise. Your offense should be easy to downgrade to Administrative discharge after about six months from the BCD.

The Navy is becoming a kinder/gentler place. Part of that means lower tolerances for the kind of shenanigan you pulled, and part of that means that it's easier to call something an addiction and get a wrist slap and counseling for the offense (reduction in rank, blah, blah, blah IS a slap on the wrist).

As for your chances when you get out; they are better if you put out applications than if you don't. The Navy cannot say "NO! You are no longer eligible for a security clearance." What they can do is document the reason that you lost it in the first place; which can make it harder/impossible to get. The cause you stated is not one that I would imagine would block the ability to get a clearance. Every interview I went to after I got out of the Navy did have the same question asked, though; "Why did you leave your previous employment?"

Good luck and keep us posted.

Offline DDMurray

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Re: Possible Bad Conduct Discharge
« Reply #11 on: Apr 22, 2010, 04:44 »
The Navy does not take away your security clearance, but they do report offenses and make recommendations to the granting agency.   If you are de-nuked for demonstrated unreliability, the Navy will likely recommend revoking your security.  There are plenty of guys de-nuked who kept their clearance, but just prior to my retirement there was an effort for commands to submit the required paperwork.   Many commands thought it was automatically done, allowing some guys to keep their clearance even though the CO intended for it to be revoked.

If child pornography is involved, it will make your chances of coming out of this unscathed very difficult, especially if it was on board the ship and/or using DOD resources.

There's a blog I follow called "The Stupid Shall be Punished."  Give it a look.
The things that will destroy America are prosperity-at-any-price, peace-at-any-price, safety-first instead of duty-first, the love of soft living, and the get-rich-quick theory of life.
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JustinHEMI05

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Re: Possible Bad Conduct Discharge
« Reply #12 on: Apr 22, 2010, 07:46 »
iphone = Recording Device.... :D

Remember we're in the post 911 world!  Your not judged on what it is, but what it could be!

RG... ;)

I know that. I am just saying that there are some real stupid people in the Navy, and NCIS or whoever is making a big deal out of an iphone in the engineroom.

Anyway, I think DD might be on to something, and the chances would not be good. The iphone is just something to add on to the pile of crap he has already.
« Last Edit: Apr 22, 2010, 07:50 by JustinHEMI »

co60slr

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Re: Possible Bad Conduct Discharge
« Reply #13 on: Apr 24, 2010, 09:15 »
I have been told that this is ONLY for the phone in the plant, and not for any other potential future charges.  I am not sure that I believe my CofC on that, but this is what I have been told. 
The issue is one of sophisticated personal electronics in the year 2010 and how to manage them in security areas.  Security Clearance + Security Area + a Camera = Bad News.   Nothing has changed there since the 1970s.  No different in the commercial industry.  Care to guess what happens if one takes a camera into DOE Oakridge Y-12?

The side message for other active duty guests, lurkers, and posters is that when your CO (in the year 2010) says "no cameras", he's really not kidding anymore.  If you have questions/concerns on that, then go talk to your Security Officer, who can perhaps shed some light on the reasons. 

Back on topic, you have two issues.  You're arguing your hirability from a technical standpoint: "Can I get a clearance?"   As you point out, who knows....NCIS isn't done with you yet, so why keep asking us for advice?   Any smart nuke can understand the potential ramifications of a BCD on future hirability in an organization that requires a clearance.   We can all word it differently, but nothing will change what you already know.  Hopefully, you and your lawyer are working out a strategy to minimize the damage to your nuclear career.  (Since you are potentially losing 6-7 figures of dollars in future nuclear earnings, hopefully you do have a lawyer).

Assuming the legal mess works out semi-favorably for you, then the bigger issue is that will someone hire you into commercial nuclear?  (Is that your question?)  We don't know that either.  Many companies are asking for your last 2-3 fitreps, which in your case will likely be detrimental to getting an interview.  But, anything can happen in 2010.   So, when asked at an interview, "Why should we hire someone that cannot follow his CO's security directives and was subsequently de-nuked?"   What are you going to say?

As indicated in other threads, that HR Rep and Hiring Manager will most likely have 10-20 resumes on their desk and they're stacking all of you up.  Even the bigger job recruiters are going to ask to see you last 3-5 fitreps before they'll accept you as a client.

Sorry, but I don't see any good news for a nuclear career here, at least in the interim.  As posted elsewhere, a comprehensive job search (nuclear and non-nuclear) is key and paying your bills (from any job perhaps) is your short-term goal for now.   However, with enough "time, distance, and shielding" from this unfortunate event in your life, all hope for a future career is not lost.   It's time to dig in (if you're truly sorry) and get a plan together.

Good Luck,

Co60   

JsonD13

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Re: Possible Bad Conduct Discharge
« Reply #14 on: Apr 25, 2010, 03:50 »
I do not have experience in this specific type of area, but I have been hired out of the Navy within the last two years.  I did not get asked for any of my evals/fitreps, because all of the important (not Navy specific) information was on my resume.  Most of the stuff on an eval/fitrep would not be very legible to someone with little to no Navy experience.

I would recommend trying no matter what happens, to get your butt in the door somewhere.  Doesn't have to be a house job, plenty of techs are roaming the country bouncing from outage to outage too.  Don't sell yourself short, and don't over/under exaggerate anything that you did while in the Navy.  Get your education, or at least start on it, if you can.  While you are at it, get your butt reading the MILPERSMAN and other regs so that way you can get a better idea of what may or may not happen to you. The regs have guidelines on what type of discharge to hand out (in the end its all up to the discretion of your CO or whoever) and can give you somewhat of an answer so you arent just left wondering all the time.

I was on a target and was affected by the no camera policy.  There was no policy against phones, just the cameras that some of them had.  I bought a more expensive phone just because it did NOT have a camera on it.  I think the policy is old, outdated, and paranoid.  At where I work now (in nuclear) we can have camera phones. 

Jason

Offline rumrunner

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Re: Possible Bad Conduct Discharge
« Reply #15 on: Apr 25, 2010, 05:26 »
Unless things have changed since I last looked, a BCD is a punitive discharge that can only be handed down by a special or general court-martial.  It can't be done as an administrative separation or by a Captain's Mast.  I guess my question is why does the OP seem to assume the BCD is a foregone conclusion?
Dave

01changeup

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Re: Possible Bad Conduct Discharge
« Reply #16 on: Apr 26, 2010, 10:54 »
Unless things have changed since I last looked, a BCD is a punitive discharge that can only be handed down by a special or general court-martial.  It can't be done as an administrative separation or by a Captain's Mast.  I guess my question is why does the OP seem to assume the BCD is a foregone conclusion?

You are correct, a BCD can only be awarded at a Special or General Court-martial.  I am not trying to imply that such a discharge is a "foregone conclusion," rather that it is a possibility (I am being told), and as such, I would like to be able to make some plans for the future.  This topic was a way for me to get a feel for how the industry MIGHT view my situation, and from that decide if it was worth pursuing, or if I should figure out some other line of possible work.  I will keep the board updated as things happen.  Thank you all for your opinions and expertise.
V/R
01changeup

01changeup

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Re: Possible Bad Conduct Discharge
« Reply #17 on: Apr 26, 2010, 11:11 »
After reading through all of the replies again (thanks again!), would it be safe to say that the issue is NOT the (possible) BCD itsself, but rather the CAUSE of it and/or the ability to get a clearance once the Navy reccomends the removal of one?  I plan on fighting to keep my clearance if possible.  I have read the OPNAVINST re: the removal of a Nuclear NEC, and nowhere in it does it talk about a clearance at all, except to say that if a clearance is removed, then the NEC must also go.  It seems that my CofC is trying to do this the other way around; that is, remove the NEC, and then use that as a reason to remove the clearance.  But I digress.  It would seem to me that what I need is to keep my clearance (first priority), not get a BCD (second priority), and keep my head up and try anyway, no matter what, because the worst they can say is "no," right?  Thank you all again, and I will keep everyone updated.
V/R
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co60slr

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Re: Possible Bad Conduct Discharge
« Reply #18 on: Apr 26, 2010, 11:52 »
It seems that my CofC is trying to do this the other way around; that is, remove the NEC, and then use that as a reason to remove the clearance. 
Again, it makes sense.  I don't think you can legally hold a security clearance in any government position without having a job for which one is needed.   

Here's a DOD website on security clearance appeals results...good info for many posters' questions I've seen here:  http://www.dod.mil/dodgc/doha/industrial/
Interesting to see who is ultimately granted/denied a security clearance after an appeal.

"Once your clearance expires, you cannot simply request that DoD issue a new one or conduct a Periodic Reinvestigation, simply to make your job-hunting prospects easier. To be issued a clearance, or to renew your clearance by DoD, your present duties/assignment, or pending duties/assignment must require such access." 
Source: http://www.taonline.com/securityclearances/

Do your present duties (without an NEC) require a security clearance?  Your Command may just be simply following the post-NEC removal process.



01changeup

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Re: Possible Bad Conduct Discharge
« Reply #19 on: Apr 26, 2010, 01:23 »

Do your present duties (without an NEC) require a security clearance?  Your Command may just be simply following the post-NEC removal process.



A good point.  Thanks for the tip.  I will look into it.  As of right now, I don't know what my new duties will be.  I have a 1306 in right now with the three "new" rates that I have chosen.  I have to wait to see if I get picked up by any of the three rates.  Thanks for the info; I will look into it.

V/R
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Offline DDMurray

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Re: Possible Bad Conduct Discharge
« Reply #20 on: Apr 26, 2010, 01:27 »
After reading through all of the replies again (thanks again!), would it be safe to say that the issue is NOT the (possible) BCD itsself, but rather the CAUSE of it and/or the ability to get a clearance once the Navy reccomends the removal of one?  I plan on fighting to keep my clearance if possible.  I have read the OPNAVINST re: the removal of a Nuclear NEC, and nowhere in it does it talk about a clearance at all, except to say that if a clearance is removed, then the NEC must also go.  It seems that my CofC is trying to do this the other way around; that is, remove the NEC, and then use that as a reason to remove the clearance.  But I digress.  It would seem to me that what I need is to keep my clearance (first priority), not get a BCD (second priority), and keep my head up and try anyway, no matter what, because the worst they can say is "no," right?  Thank you all again, and I will keep everyone updated.
V/R
01changeup
Unless things have changed since I retired in Dec 2008 the NEC/Security Clearance are connected in that, philosophically speaking, behavior that causes one to be removed/revoked should be grounds to remove the other.

Think of it this way:  NEC means you have the technical ability and character to work on Naval nuclear plants.  Security clearance means you can be trusted with the information you have learned and/or have access to.  If the result of your behavior is that the investigating authority believes you lack the trustworthiness to be in the plant or on a ship/boat, why should you be allowed to leave with your security clearance and/or NEC?  

Neither is a participation trophy/medal/ribbon.

Like I posted previously, there’s likely more to the story.  It looks like, somebody is going to decide that this situation is a hiccup or a pattern of misconduct.
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Offline stormgoalie

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Re: Possible Bad Conduct Discharge
« Reply #21 on: Apr 26, 2010, 02:03 »
Like I posted previously, there’s likely more to the story.  It looks like, somebody is going to decide that this situation is a hiccup or a pattern of misconduct.


This is exactly what I have begun to think the more I read this thread.  I realize that having a video/camera capable phone in a restricted area is a no no, but I would think that anything beyond a trip onto the carpet with the CO resulting in an appropriate punishment would be a bit of an overreaction on the part of the command.  So one of a short list of things must have brought this on:

1) There is evidence of some form of illegal activity involving the usage of the iphone, related to pornography or not.
2) Command has already attempted NJP and feels that they need to ratchet it up now after past attempts to correct abhorrent behavior have failed.
3) Someone in his CoC has made the decision to make an example out of him.

NCIS doesn't just investigate everything that passes across their desk unless they see some merit in investigating further.  As others have said, we are getting the abridged version of the story (probably rightly so I might add).

Off the soapbox now....
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Offline Mike_Koehler

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Re: Possible Bad Conduct Discharge
« Reply #22 on: Apr 27, 2010, 01:58 »
You have new mail.....

Mike
"Calling an illegal alien an "undocumented
  immigrant" is like calling a drug
  dealer an "unlicensed Pharmacist."
unknown
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Lou Barletta, Mayor of Hazelton, Pa.

01changeup

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Re: Possible Bad Conduct Discharge
« Reply #23 on: Apr 27, 2010, 02:06 »
Mike,
I got the new mail; thank you!

DD,
I don't want to comment too much on your short list of things, due to my not knowing where the line is with NCIS and the ongoing investigation.  I do feel comfortable saying that I have never been to NJP before. 

Like many of you have said, yes, there is more to the story.  No, I don't want to give any more information out here, at least not yet.  I do feel like I have gotten a good feel for the answer to my original question, however.  I thank you all for your help, and I will keep the boards updated (a small WCS joke there, my current tasking ;)) if there are enough people who care.  If not, I won't be hurt.  I don't know why my problem would matter to any of you.  Anyway, thank you all again for the info.

V/R
01changeup

01changeup

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Re: Possible Bad Conduct Discharge
« Reply #24 on: Apr 27, 2010, 03:40 »
Because you brought it here,.....

I was only trying to say that while everyone who has posted has been willing to share something in an attempt to help me out, that doesn't mean that any of them care about the outcome in my life.  I don't want to be an attention whore or try to give out details that nobody cares about.  That is all I was trying to say. 
V/R
01changeup

 


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