Navy O-4 Retains Security Clearance After Repeated Positive Urinalysis Tests

Active Duty O-4 retained JAG Defense after receiving SOR for positive urinalysis tests while attending SARP program. JAG Defense successfully mitigated security concerns by demonstrating that only the metabolites and not the drug itself remained in client’s system after admission to SARP program; the resulting positive urinalysis tests were only positive for the drug metabolites.

Category: Security Clearance Success Stories

Active Duty Sailor Retains Security Clearance After Positive Urinalysis

ASIA: Active duty E-6 retained JAG Defense after failing a urinalysis test. JAG Defense successfully defended member at Administrative Separation Board, and member was retained. Shortly thereafter, member received an LOI/SOR to revoke his eligibility for a security clearance and deny his eligibility for access to SCI. JAG Defense successfully mitigated concerns with the positive urinalysis and member received a favorable security determination.

Category: Security Clearance Success Stories

Security Clearance Retained Despite Drug Use

MIDWEST: Client civilian government employee realized that he had misunderstood a question on an earlier SF-86 regarding past drug usage while completing a new version of the SF-86 during a periodic reinvestigation. DoD employee received an SOR after properly responding to the question and alerting his security officer to the discrepancy in response. After retaining JAG Defense to assist with the SOR Response, client received a favorable security determination and retained his security clearance.

Category: Security Clearance Success Stories

Client eliminates drug use – Results in favorable suitability and fitness determinations for Federal employment

MIDDLE ATLANTIC:  Client civilian government employee issued letter addressing suitability and fitness for Federal employment due to a history of illegal drug use. Client response, addressing concerns under both Title 5, Code of Federal Regulations (CFR) Section 732.202(c), and Adjudicative Guideline H – Drug Involvement, completely mitigated all concerns resulting in client being cleared/approved for employment with the Federal government.

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

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

Clearance Granted on Reapplication After Denial for Drug and Criminal Conduct

SOUTHEAST: Client defense contractor retained JAG Defense for a reapplication after a previous denial based upon allegations under Adjudicative Guideline H – Drug Involvement and J – Criminal Conduct as the result of felony charges for Burglary, Financial Transaction Card Theft, Obtaining Property Under False Pretense; as well as illegal use of marijuana, ecstasy, Ritalin, Adderall, Dexedrine, Zoloft, Wellbutrin, cocaine, Vicodin, Ketamine Hydrochloride, Lortab, Xanax, Tylenol III with Codeine, crystal methamphetamine, along with the illegal purchase and sale of illegal drugs and prescription drugs without a lawful prescription. Additionally, the client – subsequent to the previous denial – was involved in an alcohol-related vehicular accident. After submitting a comprehensive reapplication after denial package the Director Defense Office of Hearings and Appeals approved the client for submission of an SF86 and subsequent to the background investigation the client was granted the clearance.

Category: Security Clearance Success Stories

Defense Contract Employee Cleared from Consistent Alcohol and Drug Abuse

MIDDLE ATLANTIC – Applicant employee of a Defense Contractor denied Security Clearance based on Guideline G – Alcohol Consumption (Drinking to excess/intoxication and blackouts from 1970-2003, Conviction for DUI, Alcohol abuse treatment for alcohol dependence, and continuing to consume alcohol after treatment and diagnosis of alcohol dependence); and Guideline H – Illegal Drug Use (Use of marijuana with varying frequency from 1974 to 1983 and during 2002, purchase of marijuana, treatment for one year for cannabis abuse, use of marijuana on multiple occasions while possessing a Security Clearance). 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

Senior Executive Defense Contractor Cleared from Use & Purchase of Drugs

SOUTHEAST – Senior Executive with Defense Contractor issued Letter of Intent (LOI) to deny Special Access (Sensitive Compartmented Information – SCI) by Department of the Navy Central Adjudication Facility (DONCAF) due to Guideline H – (Drug Involvement) as result of multiple occasions of purchase and use of cocaine and Guideline E (Personal Conduct) for failing to fully and completely disclose drug use on SF-86 (Questionnaire for National Security Positions) and during background investigation interview. After review of our prepared response to the LOI, DONCAF granted DCID 6/4 SCI access without necessity of a personal appearance.

Category: Security Clearance Success Stories

Applicant Cleared from Drug Abuse After Positive Change in Behavior

MIDDLE ATLANTIC – Applicant employee of a Defense Contractor was issued a Statement of Reasons based upon Guideline H – Drug Involvement, based upon use of illegal drugs on approximately five occasions over a two month period, during a time period in which the Applicant possessed a security clearance; with drug use discovered as the result of a random urinalysis test conducted by his employer. During ensuing drug counseling Applicant was determined to be drug dependent. After presentation of case before an Administrative Judge, demonstration of drug abuse rehabilitation, whole person concept, passage of time since drug abuse and positive changes in behavior to include disassociation with those who provided the illegal drugs, finding was made FOR THE APPLICANT and clearance was continued.

Category: Security Clearance Success Stories