Clearance Granted by the Personnel Security Appeals Board of the CAF

SOUTHEAST – Client active duty military officer was issued a Letter of Intent (LOI)/Statement of Reasons (SOR) for Adjudicative Guidelines: B – Foreign Influence, C – Foreign Preference, J – Criminal Conduct, and K – Handling of Protected Information as a result of being a foreign national, a stated hesitation to renounce the foreign citizenship, having numerous family members in a foreign country to include a senior officer in the foreign military, criminal investigation for VUCMJ Articles 92 and 134 (assimilating 18 U.S.C. Section 793(d) Gathering, Transmitting or Losing Defense Information), and numerous questionable financial transactions of large dollar amounts. After presenting the case before an Administrative Judge from the Defense Office of Hearings and Appeals (DOHA), the Personnel Security Appeals Board (PSAB) of the Central Adjudication Facility (CAF) granted the clearance.

Category: Security Clearance Success Stories

Clearance Granted for Civilian Government Employee of DoD

WEST COAST – Civilian Government employee of DoD issued Statement of Reasons SOR) under Adjudicative Guidelines: B – Foreign Influence and E – Personal Conduct due to close and/or continuing contact with a foreign national bound to by ties of affection or obligation, ownership of a foreign bank account, frequent and lengthy travels to stay at a possessory interest vacation home in the foreign country, refusal to answer questions of background investigator, and alcohol consumption concerns. After submission of a detailed response to the SOR the Central Adjudication Facility granted the clearance without further action. 

Category: Security Clearance Success Stories

JAG Defense Represented Applicant for Position with FBI

SOUTHEAST – Client applicant for position with Federal Bureau of Investigation (FBI) initially denied clearance based upon Adjudicative Guideline B – Foreign Influence based upon close and continuing contact with sibling dual national of another country, father-in-law having a residence and contact with same foreign country, having a personal relationship with a member a fanatical and religious organization, as well as personally having contacts and relationships with members of the foreign nation’s military and law enforcement agencies. After submission of a detailed response, denying some allegations and mitigating others, client was approved for the clearance and later offered employment with the Agency. 

Category: Security Clearance Success Stories

JAG Defense Successful with Reapplication after Denial Package

EUROPE – Client active duty military service member was previously denied a security clearance by his service’s Central Adjudication Facility based upon unmitigated concerns involving Adjudicative Guidelines: B – Foreign Influence, E – Personal Conduct, F – Financial Considerations, G – Alcohol Consumption, H – Drug Involvement, and J – Criminal Conduct.  The specific allegations included:  multiple traffic violations, alcohol-related offenses, Assault/Domestic Violence, Criminal Damage to Property, Several Failures to Appear at Court, deliberate misrepresentations on the SF86, and over $25,000 in bad debts listed in a four-page Statement of Reasons.  Without a clearance being granted, client would have been unable to complete the necessary years of service to qualify for a retirement.  Working with client we were able to submit a reapplication after denial package mitigating all concerns and the client was granted the clearance. 

Category: Security Clearance Success Stories

JAG Defense Successfully Assisted Applicant in SF86 Submission

MIDDLE ATLANTIC – Successfully assisted Applicant Defense Contractor in SF86 submission for high level clearance, obtaining clearance with no Statement of Reasons (SOR) being issued even though client was former member of a foreign military, responsible for escorting highest level officials in foreign government during international travel, extensive family members still in the foreign country, and extensive foreign property issues to resolve prior to submitting SF86.  Issues would have been alleged under Adjudicative Guidelines: B – Foreign Influence, C – Foreign Preference and L – Outside Activities.

Category: Security Clearance Success Stories

Clearance Granted for Overseas DoD Employee with Multiple Allegations

ASIA – DoD employee stationed at an overseas multi-agency activity issued Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines: E –  Personal Conduct, J – Criminal Conduct, B – Foreign Influence, G – Alcohol Consumption and K – Handling of Protected Information as a result of failing to comply with reporting of contacts with foreign nationals, deception during a polygraph examination, close personal/intimate contact with a possible agent of a foreign power and married individual, unauthorized outside activities in an overseas location, potential compromise of classified information, destruction of classified information, engaging in an assault resulting in criminal and civil liabilities.  After presentation of the case at a Personal Appearance before the Agency review Board the clearance was granted and the employee returned to work.

Category: Security Clearance Success Stories

Foreign Influence Concerns Mitigated Assistance from JAG Defense

MIDDLE ATLANTIC – Active duty military client had become acquainted with a number of foreign nationals, raising concerns under Adjudicative Guideline B – Foreign Influence, while studying foreign affairs in college; consequently, the exact course of education that made the officer a valuable addition to the armed forces also resulted in potential foreign influence concerns that could affect the officer’s eligibility for a clearance.  After a lengthy background investigation and adjudication process we were able to assist the officer in mitigating the potential concerns and having the clearance granted without the issuance of a Letter of Intent (LOI)/Statement of Reasons (SOR). 

Category: Security Clearance Success Stories

Clearance Granted for Client with Numerous Allegations

EUROPE: Active duty military member issued Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines: B – Foreign Influence, D – Sexual Behavior, E – Personal Conduct, and J – Criminal Conduct as result of allegations of engaging in prohibited financial dealings with foreign national in violation of government regulations, Violations of several Articles of the Uniform Code of Military Justice (UCMJ) for which disciplinary action was imposed for false official statements, disobedience of orders, conduct unbecoming an officer, and adultery. After responding in writing to the SOR the Central Adjudication Facility granted the clearance. 

Category: Security Clearance Success Stories

Denial Decision Reversed for Client with TS/SCI Access

WEST COAST – Client applicant for Top Secret/Sensitive Compartmented Information (TS/SCI) access with a “three-lettered Agency” was denied clearance based upon Adjudicative Guidelines: E – Personal Conduct and B – Foreign Influence as a result of failure to report misuse of prescription medication or mental health counseling as well as disclosures during the interview process that the failures to disclose were deliberate actions due to concerns about losing employment and a negative clearance/access adjudication had the disclosures been made. Disclosures of drug use included steroids, morphine vicodin and abuse of sleep aids; other concerns related to misuse of government technology systems to view pornography as well as immediate family members being citizens/residents of a foreign country whose interests are inimical to those of the United States, to include service (through retirement) by an immediate family member in the foreign nation’s military and later service in the foreign nation’s diplomatic corps; and, finally, by refusal to provide requested information about foreign citizen/resident family members. After being retained by JAG Defense, we were able to have the denial decision reversed, making the client eligible for access to classified information and affirmation of never having had a clearance denied for future clearance/access applications. 

Category: Security Clearance Success Stories

JAG Defense Retains Security Clearance for Active Duty Member

WASHINGTON DC – Client active duty member was previously denied access to classified information by another Federal Agency when that denial file was forwarded to the client’s service Central Adjudication Facility (CAF), which issued a Letter of Intent (LOI)/Statement of Reasons (SOR) to which client responded.  The SOR was based upon Adjudicative Guidelines for B – Foreign Influence,  D – Sexual Behavior, E – Personal Conduct, F – Financial Considerations, H – Drug Involvement, J – Criminal Conduct, and M – Use of Information Technology Systems as a result of refusal to pay delinquent credit accounts, retaliatory damage to the property of a neighbor, vandalism, providing false information to law enforcement, reckless driving, reckless discharge of firearms on various occasions and settings, numerous adulterous relationships to include with a foreign national, transmission of pornographic self-images through government computer and information systems, theft of government property, drug use by the client and the client’s spouse, involvement in drug dealing, sexual relations with a minor, multiple failures to successfully complete polygraph examinations, pointing a loaded handgun at a neighbor, bringing a concealed weapon to the workplace, theft of government property, and possession of unregistered weapons on government property.  Upon receipt of Letter of Notification of revocation of clearance by the service CAF, client retained JAG Defense for representation at a Personal Appearance before an Administrative Judge from the Defense Office of Hearings and Appeals (DOHA).  After presenting the case at the Personal Appearance the Personnel Security Appeals Board (PSAB) reinstated the client’s clearance. 

Category: Security Clearance Success Stories