Reading Room Document

Department of the Army Personnel Security Clearance Regulation AR 604‐5 dated August 6, 1965.

The document is a legal memorandum discussing the Army Regulation 604-5, which allows for the summary denial of security clearances to civilian employees and military personnel of the Department of the Army. The memorandum raises concerns about the lack of procedural rights and protections for adversely affected employees, and questions whether the Army has the legal authority to deny security clearances under the procedures and standards prescribed by Section 24(b). It also references legal cases, such as Cafeteria Workers Union v. McElroy and Green v. McElroy, to support the argument that the Army's procedures for denying security clearances may be unconstitutional and lacking in due process. The document concludes that the Army may lack legal authority to deny security clearances to civilian employees and suggests consulting the Civil Service Commission for further guidance.

November 18, 1965