Active Duty Officer Lives with Foreign National, Fails to Protect Classified Info – Retains Clearance

EUROPE:  Active duty Officer issued Letter of Intent (LOI)/Statement of Reasons (SOR) with allegations raised under Adjudicative Guidelines B – Foreign Influence, E – Personal Conduct, and K – Handling Protected Information and contained in a six-page SOR related to relationships with approximately a dozen foreign nationals, including cohabitation with a foreign national while still married, failure to promptly report changes in the relationship with the cohabitant, disclosure of the officer’s military status on assignment both in person and through social media websites, failure to properly protect classified information in several instances through both failure to maintain possession and improper removal from an authorized place, questions being raised about the officer’s judgment.  After responding to the SOR the Consolidated Adjudication Facility for the officer’s service granted the clearance without the necessity of a Personal Appearance.

Category: Security Clearance Success Stories

Active Duty Member Owes Over $25,000, Retains Security Clearance

WEST COAST: Active duty E-6 received Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines for Personal Conduct and Financial Considerations concerning eight accounts in arrears/collection/bad debts totaling approximately $25,000 as well as the omission of relevant and material facts on the SF86 and admissions during OPM background investigation to spending more money than was being earned. After submission of detailed response to SOR, Central Adjudication Facility (CAF) found FOR THE APPLICANT and granted the clearance without the necessity of a Personal Appearance before an Administrative Judge from the Defense Office of Hearings and Appeals (DOHA).

Category: Security Clearance Success Stories

O-5 Retains Clearance Despite Allegations of Abuse

WASHINGTON, D.C. – Reserve O-5 issued Letter of Intent (LOI) to revoke clearance after having recently favorably appealed a previous revocation of security clearance and granting of clearance with caution. Initial denial was based upon allegations of child emotional and physical abuse, arrests for assault, assault and battery, domestic assault, assault and battery on a family member and obstruction of justice on five different occasions. Within two weeks of the previous granting of the clearance with caution, the officer was charged with felony hit and run as well as reports being received of the officer engaging in an inappropriate personal relationship outside of marriage and the unauthorized disclosure of classified information to that person. Coincidental with these issues arising in the military context, client was in the process of obtaining adjudication for a clearance as a civilian employee of a different Federal Agency. After presentation of a response package, in answer to the LOI, to the Military Service’s Central Adjudication Facility the CLEARANCE was REINSTATED, again with caution, and without the necessity of a personal appearance before an Administrative Judge. The client was then able to submit the response to the military LOI to the other Federal Agency and obtain a clearance .

Category: Security Clearance Success Stories

Clearance Granted for Active Duty Officer Despite Significant Bureaucratic Errors by Command

EUROPE:  Client active duty officer issued Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines: B – Foreign Influence, C – Foreign Preference, E – Personal Conduct, and F – Financial Considerations, based upon being identified in a Federal Bureau of Investigation (FBI) file regarding suspected provision of false statements to a financial institution for a loan to purchase property; failing to list all relatives in the SF86 Questionnaire for National Security Positions, denying possession of a passport from another country when a dual national, failure to disclose required negative financial information, as well as a number of Tax Liens and Collection accounts totaling in excess of $110,000.00, and being subject for both Foreign Preference and Foreign Influence.  The case presented one of the most complex procedural situations based upon the command’s failure to properly process paperwork resulting in conflicting guidance between the Central Adjudication Facility and the Defense Office of Hearings and Appeals concerning the status of the adjudication, however, based upon the written submission prepared to respond to the SOR the clearance was eventually granted.

Category: Security Clearance Success Stories

Clearance Granted After Failure to Disclose Negative Termination

WASHINGTON, DC – Federal Air Marshal (FAM) was denied Top Secret Security Clearance and placed on unpaid administrative leave based on allegations under Adjudicative Guideline E – Personal Conduct due to termination of previous Defense Contractor law enforcement employment for insubordination, failure to properly perform duties and ineligibility for reemployment. Additional allegations involved false statement, suspension from work for unauthorized absences, improper performance of duty, and forced resignation from civilian police department employment as well as failing to disclose such unfavorable termination of previous employment in the security clearance application process. After presentation of case before DHS/TSA Security Appeals Panel, Top Secret Clearance was granted and client was fully reinstated as FAM.

Category: Security Clearance Success Stories

Security Clearance Granted to Naturalized US Couple of Middle Eastern Descent

WASHINGTON, DC – Applicant is a naturalized U.S. citizen from Middle East country considered hostile to U.S. interests with combat occurring in that country at time application for clearance submitted. Applicant denied clearance based on Guidelines: B – Foreign Influence (immediate family members residing in and citizens of foreign country); E – Personal Conduct (failure to disclose material facts regarding immediate family members from foreign country of birth of applicant); and, J – Criminal Conduct (based on Guideline E conduct determined to be a violation of 18 U.S.C. section 1001). Applicant’s Spouse denied clearance based on Guideline B – Foreign Influence (immediate family of spouse reside in and citizens of foreign country. Scheduled both hearings consecutively to reduce costs and obtained resolution of all issues “For the Applicant” resulting in GRANTING OF SECURITY CLEARANCES to both the Applicant and U.S. citizen by birth spouse.

Category: Security Clearance Success Stories

Defense Contract Employee Cleared from Personal and Criminal Conduct

SOUTHWEST – Applicant employee of a Defense Contractor denied Security Clearance based on Guidelines: E – Personal Conduct (Use of and failure to disclose use of illegal drugs); and Guideline J – Criminal Conduct (Retail Theft and subsequent Failure to Appear, Disorderly Conduct and subsequent Failure to Appear; Aggravated Battery; and Material Misrepresentations in Application for Clearance determined to be a violation of 18 U.S.C. Section 1001). After presentation of case at DOHA hearing, Administrative Judge found “For the Applicant” on all issues and CLEARANCE WAS GRANTED.

Category: Security Clearance Success Stories

Reserve Officer Retains Security Clearance after Misuse of Gov IT System.

WASHINGTON, DC – Reserve Officer received a Letter of Intent (LOI), from the Service’s Central Adjudication Facility, to revoke security clearance based upon Guideline E – Personal Conduct; and Guideline M – Misuse of Information Technology System (accessing pornographic Web sites on a government computer on a number of occasions, for which the officer also received NJP). Assistance provided by our firm in responding to the LOI, demonstrating “whole person concept” – to balance out relatively isolated instances of misconduct – was sufficient for officer to retain clearance without necessity of appearing before an Administrative Judge and further administrative action, thereby permitting officer to retain clearance that was necessary for continued employment with defense contractor in civilian sector as well as for Reserve duty.

Category: Security Clearance Success Stories

Dept. of Justice Employee Cleared from Failure to Secure Classified Material Concerns

CENTRAL AMERICA – Applicant employed by Department of Justice in the Bureau of Alcohol, Tobacco, Firearms and Explosives at an overseas U.S. Embassy. Received Letter of Intent to revoke clearance based on: Guideline B – ; Guideline E – Personal Conduct for record of misconduct to include dishonesty in provision of information related to periodic review of clearance regarding that previous misconduct which resulted in a revocation of applicant’s clearance; and Guideline K – Security Violation for a failure to secure classified material. After submission of response to letter of intent, CLEARANCE GRANTED without necessity of appearance before Access Review Committee.

Category: Security Clearance Success Stories

Navy, Senior Civilian Employee Clearance Restored After Multiple Misconducts

WEST COAST – Department of the Navy, Senior Civilian employee, received Letter of Intent (LOI) to revoke clearance based upon Guidelines: E – Personal Conduct; G – Alcohol Consumption; J – Criminal Conduct; and, I – Emotional, Mental and Personality Disorders, based upon multiple DUI’s; counseling from, but denial of consultation with mental health providers; history of participation in alcohol treatment programs before and after DUI offenses; and, refusal to discontinue drinking despite history of alcohol-related incidents. Response to LOI sufficient for DONCAF to restore clearance, without necessity of personal appearance, thereby permitting return by employee to full-time employment after having been placed on administrative leave without pay.

Category: Security Clearance Success Stories