ANNEX C - Installation Access Denial Waiver Process (1).pdf

Annex C (Installation Access Denial Waiver Process) to White Sands Missile Range Visitor Control Program

INSTALLATION ACCESS DENIAL WAIVER PROCESS

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Proponent of this form is the Directorate of Plans, Training, Mobilization and Security (DPTMS) U.S. Army Garrison, White Sands Missile Range, New Mexico 88002, under the provisions of Army Regulation 190-13

1. General. You have been denied access to the installation based on the results of background checks conducted by White Sands Missile Range (WSMR) security personnel. By the authority delegated to me under Army Regulation 190-13, the following is a detailed guideline for individuals who have been denied access to WSMR to submit a request for a waiver to the denial so accesses may be granted.

2. Authority

a. IMCOM OPERATIONS ORDER 15-031: Implement Access Control Procedures at IMCOM Installations, 21 November 2014

b. HQDA EXECUTION ORDER 033-15 Installation Access (Directed Actions), 7 November 2014

c. Army Directive 2014-05 (Policy and Implementation for Common Access Card Credentialing and Installations Access for Uncleared Contractors, 7 March 2014

d. Homeland Security Presidential Directive-12, Policies for a Common Identification Standard for Federal Employees and Contractors, 27 August 2004

e. Army Regulation, 190-13, The Army Physical Security Program, 25 February 2011

3. Procedures

a. The background check contains credible derogatory information indicating you may present a threat to the good order, discipline or health and safety on the installation. This information includes but is not limited to the following criteria.

(1) The installation is unable to verity your claimed identity based on the reasonable belief that you may have submitted fraudulent information concerning your identity.

(2) You have a current arrest warrant in NCIC, regardless of the offense or violation.

(3) You are currently barred from entry or access to a Federal installation or facility.

Annex C (Installation Access Denial Waiver Process) to White Sands Missile Range Waiver Process

(4) You have been convicted of crimes encompassing sexual assault, armed robbery, rape, child molestation, production or possession of child pornography, trafficking in humans, drug possession with intent to sell or drug distribution.

(5) You have a U.S. conviction of espionage, sabotage, treason, terrorism or murder.

(6) You are a registered sex offender.

(7) You have been convicted of a felony within the past 10 years, regardless of the offense or violation.

(8) You have been convicted of a felony firearms or explosives violation.

(9) You have engaged in acts or activities designed to overthrow the U.S.

Government by force.

b. You may request a waiver to your access denial by following the instructions below and completing an Installation Access Control Denial Waiver Request Form and provide the packet and this memorandum to your government sponsor. Your sponsor will be responsible for submitting the waiver application to the Director, Plans, Training, Mobilization and Security (DPTMS) identified in paragraph 3c below as the WSMR official who will process and make a final recommendation on your request.

c. Once you and your sponsor have completed the waiver packet, it will be submitted to the address listed below. Your request must be complete and in strict accordance with these instructions. No action will be taken on incomplete waiver requests.

Commander, U.S. Army Garrison White Sands Missile Range ATTN: Director of Plans, Training, Mobilization and Security White Sands Missile Range, NM 88002

d. The Access Denial Waive Packet must include the following:

(1) A certified copy of your complete criminal history, which must include all arrests and convictions.

(2) You must list all offenses with an explanation as to why the conduct should not result in your denial from entering WSMR. At a minimum, you must address:

(a) Nature and seriousness of the conduct.

(b) Specific circumstances surrounding the conduct.

(c) Length of time elapsed since the conduct.

(d) Your age at the time of the incident/conduct.

(e) Your efforts towards rehabilitation with any proof.

(f) Provide a current physical or e-mail address to enable the WSMR official to transmit a copy of your waiver request determination.

4. Process

a. The government sponsor will review your packet for completeness and determine whether or not to endorse the waiver. If the government sponsor determines to endorse the waiver, he/she must provide a letter indicating that the sponsor is requesting that you be granted unescorted access to accomplish a specific purpose, as well as the anticipated frequency and duration of such visits. If you are a contractor employee and are terminated, the sponsor must inform the WSMR official so that unescorted access to the installation is no longer authorized.

b. As the designated government official, the DPTMS will review the access denial wavier application, obtain a legal review, and make a fitness determination recommendation to the White Sands Missile Range Garrison Commander, who has been delegated as the approving authority.

c. The Garrison Commander will review the waiver application and render a determination that ensures proper protection of good order and discipline, or health and safety on the installation, and return the packet to the DPTMS.

d. The DPTMS will provide a copy of the Garrison Commander’s determination to the individual, the sponsor, and the Director of Emergency Services.

e. Individuals who have had a waiver request denied may request reconsideration one year from the date of the Garrison Commander’s decision, or earlier if the individual can present significant information that was not available at the time of the original request or that the basis for the original denial was overturned, rescinded or expired.

5. Point of contact this action is Mr. Dennis Stockwell at 575-678-1501, Demnnis.S.Stockwell.civ@mail.mil .

mailto:Demnnis.S.Stockwell.civ@mail.mil

Acknowledgement: I have read and understand the above Installation Access Denial Wavier Process procedures.

REQUESTOR’S SIGNATURE ___________________________________________

(Print Name) (Date)

INDIVIDUAL ISSUING ___________________________________________

(Signature)

(Print Name) (Date)