Security Clearance Retained Despite Sexual Misconduct

MIDWEST: Client civilian government employee received an SOR after engaging in an extramarital affair with a co-worker and using the company e-mail system to send inappropriate e-mails. Client successfully mitigated security concerns and received a favorable security determination after retaining JAG Defense to assist with SOR response.

Category: Security Clearance Success Stories

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

Service Member Granted Access to TS/SCI After Multiple Misconducts

MIDDLE ATLANTIC – Active duty service member issued Letter of Intent (LOI)/Statement of Reasons (SOR) from Consolidated Adjudication Facility for allegations falling under Adjudicative Guidelines D – Sexual Behavior, G – Alcohol Consumption, I – Psychological Conditions, and J – Criminal Conduct as the result of imposition of punishment under the Uniform Code of Military Justice (UCMJ) for Violation of Article 92 – Failure to obey a Lawful General Order; Article 120(14) – Indecent Exposure; failure to comply with a letter of warning from the Central Adjudication Facility (CAF) concerning the consequences of future misconduct; self-admitted public intoxication and excessive consumption of alcohol with history of alcohol abuse continuing over several years, with self-destructive behavior; several instances of inappropriate sexual conduct/behavior; diagnosis of Major Depressive Disorder, with persistent symptoms for several years, resulting in a CAF directed psychological conditions evaluation conclusion of a mental health diagnosis which may cause a material defect in the client’s ability and/or willingness to properly safeguard classified information and/or perform sensitive duties; Post Traumatic Stress Disorder (PTSD), with recurrent possible, especially when confronted with new stressors, and with the symptoms not currently controlled by medication and likely to persist until appropriate treatment is received. After submission of response to SOR, CAF found FOR THE CLIENT granting access to Top Secret/Sensitive Compartmented Information (TS/SCI) and assignment to sensitive duties.

Category: Security Clearance Success Stories

FAM Cleared From Assault as a Law Enforcement Officer & Extra-Marital Affairs

WASHINGTON, DC – Federal Air Marshall (FAM) issued Letter of Denial of Security Clearance by Department of Homeland Security (DHS)/Transportation Security Administration (TSA) due to Guideline J – Criminal Activity (Assault while employed as a law enforcement officer); Guideline D – Sexual Behavior (Multiple extra-marital affairs) and Guideline E – Personal Conduct (Committed assault while consuming alcohol and Guideline D item). We represented client at appearance before security appeals panel, however, determination was made by that agency to deny clearance. Client then used same defense package that we prepared for DHS/TSA and obtained various levels of clearances from three different Federal agencies to include Department of State (DOS) and Department of Defense (DoD).

Category: Security Clearance Success Stories

Officer Cleared from Bad Debts and Fraternization with Subordinate

WASHINGTON, DC – Officer issued Letter of Intent (LOI) to deny security clearance based upon Guideline D – (Sexual Behavior), Guideline E – (Personal Conduct), Guideline F – (Financial Considerations) and Guideline J – (Criminal Conduct) as a result of receiving nonjudicial punishment for Violations of UCMJ Articles 133 and 134, inappropriate relationship with a civilian employee and fraternization with an enlisted subordinate, and numerous bad debts and accounts in collection. After submission of detailed explanation of extenuating and mitigating circumstance, resolution of financial concerns and ability to minimize UCMJ violations, client was issued security clearance without necessity of representation at an appearance before an Administrative Judge.

Category: Security Clearance Success Stories

Dept. of Army Civilian Employee Cleared from Debt, Rape, and DUI

EUROPE – Civilian employee of Department of the Army issued a Letter of Intent (LOI) to revoke Sensitive Compartmented Information (SCI) Access Eligibility and Security Clearance based upon Guideline F- Financial Considerations as result of five past due accounts, two accounts in collection and incomplete information provided regarding financial obligations. Upon failing to respond to the LOI, the access eligibility and clearance were revoked. Employee subsequently requested reconsideration of that decision, however, while it was being considered a subsequent LOI was issued based upon additional Guideline F – Financial Considerations arising, consisting of two accounts being placed for collection; Guideline J – Criminal Conduct as a result of a DUI and fleeing the scene of an accident; and two incident reports for sexual and criminal conduct (rape and sexual assault), three years apart, involving separate individuals; Guideline D – Sexual Behavior, regarding those two incident reports; Guideline E – Personal Conduct resulting from both the reported incidents as well as unfavorable information provided by others; and, Guideline G – Alcohol Consumption involving the above incidents. After consideration of the response to the LOIs prepared by our office, and without requiring a the necessity of a personal appearance, the Army’s Central Adjudication Facility (CCF) reinstated the Special Access Eligibility and Security Clearance.

Category: Security Clearance Success Stories

Dept of Defense Civilian Employee Cleared of Sexual Harrassment

MIDDLE ATLANTIC – Department of Defense civilian employee issued Statement of Reasons (SOR) under Guideline D – Sexual Behavior, as result of investigation into inappropriate behavior (sexual harassment) and personal conduct disclosed 6 specific allegations of misconduct over an extended period of time resulting in removal from senior official position/Federal Service. After substantial explanation of circumstances and events, CentralAdjudication Facility found FOR THE APPLICANT just two days after receiving client’s Response to the SOR.

Category: Security Clearance Success Stories

Navy GS-15 Cleared After Sexual Affairs While Stationed Abroad

WEST COST – A GS-15 for the Department of the Navy was found to have failed to disclose a number of security issues under Adjudicative Guidelines:  E – Personal Conduct, D – Sexual Conduct, B – Foreign Influence, during previous security clearance investigations over a period of 10+ years. These issues included his solicitation of foreign prostitutes while traveling on official government business, his live-in extramarital affairs with numerous foreign women while stationed in foreign countries, and other “high risk” sexual behavior with foreign nationals. JAG Defense worked with the client over a period of 18 months while awaiting his LOI/SOR, facilitating counseling and rehabilitation. After detailed written response to SOR, the Department of the Navy Central Adjudication Facility (DONCAF) found FOR THE APPLICANT and the TS/SCI clearance was granted without the necessity of having to go through a Personal Appearance.

Category: Security Clearance Success Stories

Clearance Granted in Case Involving Allegations of Indecent Assault

WASHINGTON, DC – Client senior official within DoD received Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines: D – Sexual Behavior and J – Criminal Conduct as a result of allegations of indecent assault. After presentation of case before an Administrative Judge from the Defense Office of Hearings and Appeals the Personnel Security Appeals Board (PSAB) for the Central Adjudication Facility (CAF) granted the clearance.

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