COMNAVRESINTCOMINST 5529.1

15 MAR 1991

COMNAVRESINTCOM INSTRUCTION 5529.1

Subj: DENIAL OR REVOCATION OF SENSITIVE COMPARTMENTED INFORMATION (SCI) ACCESS

Ref: (a) OPNAVINST 5529.1

(b) OPNAVINST 5510.1H

1. Purpose. To promulgate standard procedures to be followed by the Reserve Intelligence Area Commander (RIAC) and Reserve Intelligence Program Officer (RIPO) following receipt of a higher authority decision to deny or revoke SCI access.

2. Background. Reference (a) establishes the administrative procedures regarding access eligibility for SCI and procedures for appeal in cases of access ineligibility determinations. It delegates access eligibility determination authority to Commander, Naval Intelligence Command (COMNAVINTCOM) and Commander, Naval Security Group Command (COMNAVSECGRU). These commands are required to appoint a Determination Authority and an Appellate Authority. The Determination Authority oversees the adjudication process compliant with reference (b), makes all decisions to deny or revoke SCI access, ensures prompt consideration of timely appeals, ensures all notification procedures are satisfied, and implements all adjudicative and appeal decisions. The Appellate Authority considers all timely appeals, affirms, reverses or modifies actions of the Determining Authority, and ensures all notification requirements

are carried out.

3. Policy

a. Per reference (c), all officers, Intelligence Specialists (ISs), and all other enlisted members assigned to Naval Reserve Intelligence Program (NRIP) units or Naval Reserve Command Intelligence Support (NRCIS) billets must have a Special Background Investigation (SBI) completed within the past five years and be determined by COMNAVINTCOM to meet DCID 1/14 eligibility requirements for SCI access.

b. Any Intelligence (163X designated) officer or other

designator officer assigned to a NRIP or NRCIS billet not

FOR OFFICIAL USE ONLY

receiving a satisfactory SBI will be processed for change of

designator and be assigned to a non-NRIP unit or processed for administrative separation. ISs or other enlisted members assigned to a NRIP or NRCIS billet who do not receive a satisfactory SBI will be processed for change of rate and be assigned to a non-NRIP unit or processed for administrative separation.

c. During the time period allowed by reference (a) for appeals under the appeals procedure, or during the time period that a denial or revocation determination appeal is being considered, the affected individual will normally be assigned to an Intelligence Volunteer Training Unit (IVTU) pending decision to submit an appeal or receipt of the final decision. Upon expiration of the time limit permitted for submission of an appeal or receipt of a final ineligibility decision, the appropriate actions indicated in paragraph 3b, above are to be followed.

4. Procedures

a. When the Determination Authority issues a notification to deny or revoke SCI access, the individual will be notified by NAVINTCOM letter sent via the appropriate RIPO, copy to COMNAVRESINTCOM. The letter will afford the individual the opportunity to submit a written appeal to the Appellate Authority and to supplement the record. At this time, the individual should be transferred from the NRIP or NRCIS pay billet to an IVTU/GVTU.

b. Currently, within 45 calendar days from the date on which notice is given, the individual may submit a request for First Appeal. (This time period is subject to change; the time period stated in the notice thus takes precedence.) The First Appeal must be written and submitted through the appropriate chain of command to COMNAVINTCOM. At this time, the individual may submit in writing any new or amplifying information to explain, mitigate or refute the information in the existing record. The Appellate Authority will affirm, reverse or modify the decision of the Determination Authority and notify the individual of the decision.

c. Currently, within 30 calendar days after receipt of a notice of affirmation of an ineligibility determination on the first appeal, the individual may request a Final Appeal. (This time period is subject to change; the time period stated in the notice thus takes precedence.) The Final Appeal must be submitted in writing to COMNAVINTCOM through the appropriate chain of command.

d. Decisions of the Appellate Authority which are not further appealed within the prescribed time limit are final. Decisions of COMNAVINTCOM are final when rendered. Following a final determination, the individual must be transferred from an IVTU (if assigned) to a non-NRIP unit.

5. Action

a. RIACs and RIPO will comply with this instruction in handling decisions to deny or revoke SCI access for persons within their Area.

b. RIPOs will ensure that COMNAVRESINTCOM is notified, at least by telephone, of instances falling under this instruction.

c. RIACs shall ensure that an individual impacted by an SCI access ineligibility decision is aware of the appeal process established by reference (a). However, the affected individual remains responsible to know and understand the appeal process.

d. RIACs shall make Area selection boards for commanding officer, executive officer and NRCIS billets aware that an individual has received a notice of ineligibility for SCI access.

G. P. DICKEY

Distribution: (refer to COMNAVRESINTCOMINST 5216.1E)

Lists I, II, III, IV