10 U.S.C. § 986

Policy regarding identification of gender or personal pronouns in official correspondence

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The Secretary of Defense may not require or prohibit a member of the armed forces or a civilian employee of the Department of Defense to identify the gender or personal pronouns of such member or employee in any official correspondence of the Department.

Notes of Decisions

Cited in 5 cases, 1989–2006 · leading case: Nickelson v. United States, 284 F. Supp. 2d 387 (E.D. Va. 2003).

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Nickelson v. United States, 284 F. Supp. 2d 387 (E.D. Va. 2003). · cites it 13× “On August 20, 2002, the renewal of Nickelson’s security clearance was denied pursuant to 10 U.S.C. § 986 , which prohibits the grant or renewal of a security clearance to any person “who has been convicted in any court of the United States of a crime and sentenced to…”

United States v. Michael Meyer, 439 F.3d 855 (8th Cir. 2006). “grant or renew a security clearance if the person has been convicted in any court of the United States of a crime, was sentenced to imprisonment for a term exceeding one year, and was incarcerated as a result of that sentence for not less than one year); 42 U.”

Wright v. U.S. Army, 307 F. Supp. 2d 1065 (D. Ariz. 2004). · cites it 4× “The Smith Amendment ( 10 U.S.C. § 986 ) The Smith Amendment provides that “[ajfter October 30, 2000, the Department of Defense may not grant or renew a security clearance for a person to whom this section applies who is described in subsection (c).”

United States v. Spencer, 29 M.J. 880 (1989). “Footnote 3 was directed at the Specification of the Additional Charge, under Article 86, UCMJ, 10 U.S.C. § 986 alleging Technical Sergeant McGilvrey failed to go to the McChord Air Force Base Clinic on 16 June 1989.”

United States v. Michael Meyer (8th Cir. 2006). “§ 1227 (a)(2) (providing that an alien who is convicted of specified criminal offenses is deportable); 10 U.S.C. § 986 (c)(1) (providing that the Department of Defense may not grant or renew a security clearance if the person has been convicted in any court of the United States…”

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