New Requests/Info

The following requests and information are from the proposed class counsel for the Calixto action (which has not yet been certified as a class action) and current class counsel for the Nio and Kirwa actions.  Please note that cooperation with these requests is not mandatory, and that this information is not legal advice and should not be considered to be legal advice.

REQUEST*: If you (1) are a MAVNI soldier discharged from the Army with an “entry-level” or “uncharacterized” discharge on or after September 30, 2016, (2) have not received a letter offering reinstatement in the Army (see example reinstatement offer letter HERE), and (3) wish to pursue potential reinstatement in the Army, we request that you send one e-mail to us at this address nioclasscounsel@friedfrank.com with the following information:

  • Copy of your discharge order(s), if you have a copy;
  • A description/copies of any communication with the military concerning your discharge.

REQUEST*: If you are a MAVNI soldier and have received an adverse Military Service Suitability Recommendation (MSSR) notice (see example MSSR notice HERE), we request that you send one e-mail to us at this address nioclasscounsel@friedfrank.com with the following information:

  • Copy of your notice of an adverse Military Service Suitability Recommendation;
  • The date on which you received the notice of your adverse Military Service Suitability Recommendation; and
  • A description/copies of any communication with the military concerning your SSBI, CI, MSSR, and/or MSSD.

*Please note that sending information to us in response to these requests will not create an attorney-client relationship.

ASKING THE ARMY FOR MORE INFORMATION AND TIME TO RESPOND TO ADVERSE MSSR NOTICES:  For MAVNI soldiers who have received adverse MSSR notices, below is language that you could use to request that the Army provide you with more information and time to respond to the MSSR.  This language, along with your identifying information, can be emailed to the address provided in Paragraphs 5 and 8 of your MSSR Notice.  Of course, the language should be adjusted based on the particular Adjudicative Guideline(s) identified as being at issue in your Notice.  Below, two examples are provided — Foreign Influence and Financial Considerations.

Foreign Influence Example

I write in reference to the “Notification of Adverse Military Service Suitability Recommendation (MSSR)” memorandum that I recently received.  The memorandum designates this email address as the Army “point of contact.”

The memorandum states that I received an “unfavorable” MSSR because I “did not satisfy the National Adjudicative Guidelines.”  The memorandum, in paragraph 4, identifies “Guideline B: Foreign Influence” and quotes from that Guideline, but does not provide in that paragraph (or anywhere else in the memo) any details regarding my particular circumstances or the information that caused DoDCAF to determine that I did not satisfy that guideline.  Even so, the memorandum states that I have 30 days to “refute, correct, explain, extenuate, mitigate or update the unfavorable information detailed in paragraph 4.”   In order for me to fully respond to the “information,” I need to know what that information is.  Because the memorandum does not specify the derogatory facts that led to the adverse MSSR, I do not know what information to “refute, correct, explain, extenuate, mitigate, or update” as directed.  As a result, I respectfully request that the Army provide me with the specific information that supports the MSSR.

In addition, the memorandum does not specify the specific aspect of Guideline B — such as business, financial, and property interests — that DoDCAF determined to be applicable to my situation.  The memorandum also does not inform me if DoDCAF’s recommendation is based on a concern of “divided allegiance,” potential “manipulat[ion]” in “a way inconsistent with U.S. interests,” and/or “pressure or coercion by any foreign interest.”  I respectfully request that you provide these clarifications as well, so that I can understand the basis for the MSSR and be in a position to fully respond.

Further, because I understand that an adverse MSSD is a revocation of my eligibility to hold the national security position in which I currently serve, I request a Statement of Reasons (SOR).

I request that the Army grant me at least 30 days from my receipt of the above-requested information to respond.  In the event that the Army declines to provide the information, please let me know immediately and explain the basis for withholding the information I need and have requested.

Finally, please note that at all times my service in the U.S. military has been honorable, that I remain committed to that service, and that I remain loyal to the United States, reliable, and trustworthy.

Financial Considerations Example

I write in reference to the “Notification of Adverse Military Service Suitability Recommendation (MSSR)” memorandum that I recently received.  The memorandum designates this email address as the Army “point of contact.”

The memorandum states that I received an “unfavorable” MSSR because I “did not satisfy the National Adjudicative Guidelines.”  The memorandum, in paragraph 4, identifies “Guideline F: Financial Considerations” and quotes from that Guideline, but does not provide in that paragraph (or anywhere else in the memo) any details regarding my particular circumstances or the information that caused DoDCAF to determine that I did not satisfy that guideline.  Even so, the memorandum states that I have 30 days to “refute, correct, explain, extenuate, mitigate or update the unfavorable information detailed in paragraph 4.”   In order for me to fully respond to the “information,” I need to know what that information is.  Because the memorandum does not specify the derogatory facts that led to the adverse MSSR, I do not know what information to “refute, correct, explain, extenuate, mitigate, or update” as directed.  As a result, I respectfully request that the Army provide me with the specific information that supports the MSSR.

In addition, the memorandum does not specify the specific aspect of Guideline F — “failure to live within one’s means,” failure to “satisfy debts,” or failure to “meet financial obligations”– that DoDCAF determined to be applicable to my situation.  The memorandum also does not inform me if DoDCAF’s recommendation is based on a concern of “reliability,” “trustworthiness,” or “the ability to protect classified or sensitive information;” nor does it identify a risk (or the basis for identifying a risk) of my engaging in “illegal or questionable acts to generate funds.”  I respectfully request that you provide these clarifications as well, so that I can understand the basis for the MSSR and be in a position to fully respond.

Further, because I understand that an adverse MSSD is a revocation of my eligibility to hold the national security position in which I currently serve, I request a Statement of Reasons (SOR).

I request that the Army grant me at least 30 days from my receipt of the above-requested information to respond.  In the event that the Army declines to provide the information, please let me know immediately and explain the basis for withholding the information I need and have requested.

Finally, please note that at all times my service in the U.S. military has been honorable, that I remain committed to that service, and that I remain loyal to the United States, reliable, and trustworthy.

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Please check back periodically as Fried, Frank, Harris, Shriver & Jacobson LLP (“Fried Frank”), counsel for the Kirwa class and the Nio class, will be adding and updating documents and information found on this Site.

Disclaimer

This website and the materials provided herein are made available by Fried Frank to provide publicly available information regarding the Kirwa and Nio class actions.  Nothing on this website creates or establishes any attorney client relationships between Fried Frank and any persons or entities.   Your use of the Site is conditioned on your understanding and acknowledgement that (1) the material and information on the Site is not offered as and does not provide legal advice on any matter and should not be used as a substitute for seeking legal advice, and (2) Fried Frank is not and will not be responsible for any errors or omissions on this website or any action or failure to act in reliance upon information on the Site.