Security Clearance Success Stories

Brief summaries of JAG Defense’s Representative Cases for Security Clearance cases are listed below. To download written decisions of cases handled by JAG Defense, please visit Security Clearance Decisions.

Military officer rebuts allegations concerning sexual behavior – Clearance retained

PACIFIC:  Client military officer issued Letter of Intent (LOI) and Statement of Reasons (SOR) under Adjudicative Guidelines D – Sexual Behavior, E – Personal Conduct, and J – Criminal Conduct as the result of the issuance of a Memorandum of Reprimand and a Board of Inquiry (BOI) determination that the client verbally and sexually harassed a woman in violation of Army Regulations and by doing so engaged in conduct unbecoming an officer in violation of the Uniform Code of Military Justice.  After submitting a written response to the SOR the DoD CAF for the service concerned granted the clearance, permitting the officer to retain the security clearance and continue to serve towards retirement eligibility.

Category: Security Clearance Success Stories

Substantial changes in behavior sufficient to mitigate previous history – Clearance granted after revocation.

MIDDLE ATLANTIC:  Client Defense Contractor’s clearance was denied as a result of concerns under Adjudicative Guidelines E – Personal Conduct and H – Drug Involvement and J – Criminal Conduct as the result of the use of multiple illegal substances, mixing illegal drugs with alcohol, purchasing illegal drugs, using illegal drugs while possessing a security clearance, obtaining the services of prostitutes on various occasions in various countries, and falsifying material facts related to the background investigation and clearance adjudication on multiple occasions over an approximate 10 year period.  Client retained JAG Defense for assistance with a reapplication after revocation of the clearance.  Working closely with the client and being able to document through random drug tests that the client was drug-free for a substantial period of time, we were successful in getting the client approved for consideration of a clearance.  Unfortunately, due to loss of income in the intervening period, a new Statement of Reasons (SOR) was issued against the client, focused on the Adjudicative Guideline F – Financial Considerations, but with the client’s previous history being relevant under the whole person concept.  Nonetheless, due to documented evidence of the client’s changes in behavior, full acceptance of responsibility for previous wrongdoings, and strong evidence of rehabilitation, following a Hearing the Administrative Judge found FOR THE APPLICANT and the clearance was granted.

Category: Security Clearance Success Stories

Changes in lifestyle result in client’s ability to mitigate serious past behavior actions

WEST COAST:  Client Federal Government civilian employee within the Department of Defense, was issued a Letter of Intent (LOI) and Statement of Reasons (SOR) under Adjudicative Guidelines E – Personal Conduct, M – Use of Information Technology
Systems, F – Financial Considerations as the result of alleged deliberate omissions in the Questionnaire for National Security Positions (SF86)/eQIP, previous issuance of an LOI/SOR, emails discovered on the government-provided computer/email concerning an adulterous affair, as well as visiting unauthorized gambling/sports betting websites and making bets and wagers through the government-provided computer, and pornographic files contained on the computer; and because the client has had a history of not meeting financial obligations going back approximately 20 years to include two Chapter 7 Bankruptcies, with the last one being within the last 4 years.  After presentation of a detailed response denying certain allegations, while admitting to and mitigating others, the Central Adjudication Facility granted the clearance without the necessity of a Personal Appearance.

Category: Security Clearance Success Stories

Client successfully mitigates concerns from substantial number of foreign contacts in obtaining clearance after a previous denial.

MIDDLE ATLANTIC:  Defense contractor had previously had clearance denied under Adjudicative Guidelines A – Allegiance to United States; and C – Foreign Preference (although factually it was actually B – Foreign Influence).  After retaining JAG Defense for an Application for a clearance through a different Agency, and despite having close and continuing contact with dozens of foreign nationals from a nation whose historical interests have been considered inimical to those of the United States, client was successful in obtaining a clearance through the efforts of our office.

Category: Security Clearance Success Stories

Client who was not aware that consumption of alcohol after diagnosis of alcohol dependence was able to save clearance by eliminating alcohol consumption

SOUTHEAST:  Client defense contractor was issued a Statement of Reasons (SOR) under Adjudicative Guideline G – Alcohol Consumption, alleging that despite having been diagnosed as alcohol dependent seven years previously, Applicant continued to consume alcohol.  After presenting case explaining that Applicant was not aware that continued consumption of alcohol, after a diagnosis of alcohol dependence, could result in loss of clearance; and that upon learning of that fact, the Applicant has removed alcohol from the Applicant’s life.  The Administrative Judge found FOR THE APPLICANT and granted the clearance.

Category: Security Clearance Success Stories

Senior government employee overcomes flawed Agency Investigation and saves clearance by rebutting allegations against the employee

MIDDLE ATLANTIC:  Client senior Federal Government employee was terminated from position and faced loss of security clearance under Adjudicative Guideline E – Personal Conduct, as result of highly publicized Agency investigation report “substantiating” misuse of position, abuse of authority, engaging in prohibited personnel practices, failure to provide proper contract oversight, and failure to properly fulfill duties as Contracting Officer’s Technical Representative.  Working closely with the law firm of Gary Gilbert and Associates, which represented client in employment law litigation aspect of case; and having documented the actual facts of the case – as opposed to the Agency investigation report’s unsubstantiated findings – in a 20,000 page plus administrative Exhibit record, after presenting an overwhelmingly strong case to rebut the Agency findings the Administrative Judge from the Defense Office of Hearings and Appeals found FOR THE APPLICANT and granted the clearance.

Category: Security Clearance Success Stories

Strong whole person concept case and acknowledgement of error and acceptance of responsibility overcomes serious error in Judgment

MIDDLE ATLANTIC:  Client defense contractor faced loss of security clearance under Adjudicative Guideline E – Personal Conduct for accepting employment by new contract awarded employer and appearing as a representative of the new employer before resigning employment from previous employer and contract awarded employer.  After presentation of strong whole person concept case and demonstration of unique circumstances of the events in question the Administrative Judge found FOR THE APPLICANT and granted the clearance.

Category: Security Clearance Success Stories

Strong presentation of whole person concept evidence overcomes rebuttable presumption of knowing ingestion of unprescribed drug

NORTHWEST:  Applicant military officer tested positive for un-prescribed medication in unit sweep, leading to imposition of NJP, loss of career field, Board of Inquiry, Promotion removal action, and actions to revoke clearance under Adjudicative Guidelines H – Drug Involvement, and J – Criminal Conduct.  After presentation of case before Administrative Judge from the Defense Office of Hearings and Appeals (DOHA), Personnel Security Appeals Board concurred in finding of unknowing ingestion of medication and restored previously revoked clearance to client.

 

Category: Security Clearance Success Stories

Response to SOR Demonstrated Distortion of Allegations

NORTHWEST:  Applicant military officer issued Letter of Intent (LOI)/Statement of Reasons (SOR) for allegations under Adjudicative Guideline E – Personal Conduct for having been titled with Violation UCMJ Article 92 failure to obey a general order for the loss off sensitive information under his care; repeatedly violating user agreements over the course of two years by installing file sharing software, address spoofing software, installing other unauthorized hardware to his government computer, and installing software which permitted other applications to operate in a mobile capacity.  Computer access was temporarily suspended  for those violations and four years later additional adverse administrative actions resulted from additional actions by client, resulting in Field Grade Letter of Reprimand for unauthorized use of DoD computers.  Later counseling documented a total of four violations of service regulations related to information management, assurance and acceptable use policies, with a later General Officer Letter of Reprimand being issued.  After submission of written response to SOR the service adjudication office granted the clearance without the necessity of a Personal Appearance.

Category: Security Clearance Success Stories

Foreign Influence of Spouse Currently Enrolled in Foreign Military Does Not Preclude Security Clearance

NEW ENGLAND:  Defense contractor issued Statement of Reasons (SOR) under Adjudicative Guideline B – Foreign Influence as result of husband, husband’s parents, brother, and grandmother being citizens of a foreign country, with all but husband still residing in that foreign country, whereas husband is resident of the United States, but still enrolled in the military Reserves of that country.  Clearance granted based upon the Applicant’s long-standing sense of loyalty to the United States and the Applicant can be expected to resolve any conflict of interest in favor of the United States.

Category: Security Clearance Success Stories