b. All other cases pending on the effective date of this regulation will be processed under this regulation. The Eastern, Central and Western Industrial Personnel Security Boards will forward promptly to the Director files of all such cases for processing. Those Boards also will forward to the Director, for inclusion in the Central Index File, the files of all cases which have been completed or closed prior to the effective date of this regulation. 24. Reconsideration of Prior Decisions. a. Decisions of the Industrial Employment Review Board and of the Appeal Divisions of the Eastern, Central and Western Industrial Personnel Security Boards which denied or revoked a clearance may be reconsidered by the Review Board at the request of the person concerned, addressed through the Director, on the grounds of newly discovered evidence or for other good cause shown. b. Decisions of the Army-Navy-Air Force Personnel Security Board and of the Screening Divisions of the Eastern, Central and Western Industrial Personnel Security Boards which denied or revoked a clearance may be reconsidered by the Screening Board at the request of the person concerned, addressed through the Director, for good cause shown. c. In cases where a clearance has been previously granted and an activity of a military department receives additional derogatory information which was not considered by a Board at the time it decided the case and the commander of the activity is of the opinion, after reviewing the complete file including the record of any prior proceedings, that revocation of the prior clearance is warranted, he will forward the case to the Director, through appropriate channels, for referral to the Screening Board in accordance with paragraph 17. 25. Notices to Counsel or Other Representatives. Where the person concerned designates in writing to the Director or to the Executive Secretary of a Hearing Board a lawyer or other individual to represent him in any proceeding under this regulation, such representative will be furnished a copy of all communications which are sent to the person concerned. 26. Monetary Restitution. In cases where a final determination is favorable to a contractor employee, the department whose activity originally forwarded the case to the Director will reimburse the contractor employee in an equitable amount for any loss of earnings during the interim resulting directly from a suspension of clearance. Such amount shall not exceed the difference between the amount the contractor employee would have earned at the rate he was receiving on the date of suspension and the amount of his interim net earnings. No contractor employee shall be compensated for any increase in his loss of earnings caused by his voluntary action in unduly delaying the processing of his case under this regulation. 27. Changes in Existing Directives. This regulation supersedes the Industrial Personnel and Facility Security Clearance Program approved by the Secretaries of the Army, Navy and Air Force on 4 May 1953, as amended, and the provisions of any other directives which are inconsistent with this regulation. 28. Effective Date. This regulation becomes effective sixty calendar days after it is approved by the Secretary of Defense. Recommended by: |