Favorable Clearance Results for Active Duty Navy E-9’s Use of Cocaine

MIDLE ATLANTIC – Providing the full gamut of representation, our firm first defended an active duty Navy E-9 at a Special Court Martial for use of cocaine with a resulting finding of Not Guilty. Thereafter, the Department of the Navy Central Adjudication Facility (DONCAF) issued a Letter of Intent (LOI) to revoke security clearance based upon Guidelines E – Personal Conduct, H – Drug Involvement and J – Criminal Conduct due to being charged with Violations of the UCMJ for unauthorized absence on three occasions; being charged with and pleading guilty to wrongful possession of marijuana; admitted trafficking in marijuana; allegations of being a cocaine distributor; omissions of relevant and material facts in security clearance application regarding police and military records and drug activity and testing positive for cocaine; with these acts taking place over a number of years. Upon presentation of response to the LOI we were able to explain, mitigate and provide extenuating circumstances sufficient for a finding to grant final clearance, with caution, without the necessity of a personal appearance.

Category: Security Clearance Success Stories

Navy Member Cleared From Pre-Service Drug Paraphernalia Charge

PACIFIC – We were retained by an active duty member of the Navy after a determination had been made to not permit the sailor to continue in the desired military occupational specialty as a result concerns under Adjudicative Guidelines: E  – Personal Conduct and H – Drug Involvement as the result of failing to disclose both a pre-service drug paraphernalia civilian charge and having been fired from a previous employer. Taking the time necessary to rehabilitate the client, we were then able to obtain chain-of-command support for a “rate conversion” which was approved – with the rate requiring a Top Secret Clearance and access to Sensitive Compartmented Information (TS/SCI).

Category: Security Clearance Success Stories

Army O-5 Cleared of Using Drugs During Active Duty

SOUTHEAST – Army O-5 abused drugs for 4 years while holding a Top Secret clearance on active duty. This drug abuse continued during his security clearance periodic review, leading him to lie on his SF86 about his drug use. Ultimately, he was arrested and convicted of drug possession, but permitted to retire from the military. Upon retaining our services, we worked with him over a period of years to mitigate his past behavior in efforts to obtain a clearance as a civilian. Based upon our guidance, assistance in executing his SF86, and preparation for his OPM interview, our client was granted a Top Secret clearance without even receiving a Letter of Intent.

Category: Security Clearance Success Stories

Dept.of Air Force Employee Cleared of Prior Drug & Alcohol Abuse

SOUTHEAST – A civilian employee for the Department of the Air Force received an inquiry from the USAF Central Adjudication Facility (AFCAF) via the employee’s security office that preliminary concerns had been raised under Adjudicative Guidelines: E – Personal Conduct, G – Alcohol Consumption,  H – Drug Involvement regarding significant failures to disclose previous drug involvement, alcohol consumption and alcohol-related incidents, criminal conduct, and treatment programs entered, why enrolled, completion dates and prognosis. Working with the client to ensure that ALL concerns related to previous integrity issues were fully disclosed and addressed, as well as detailing all alcohol and drug related incidents as well as a favorable prognosis, we were able to successfully retain the clearance for the client and avoid even the issuance of a Letter of Intent (LOI) and Statement of Reasons (SOR).

Category: Security Clearance Success Stories

Dept. of Navy Employee Cleared of Cocaine Use, Possession, & DUIs

MIDDLE ATLANTIC – Civilian employee of the Department of the Navy was issued a Letter of Intent/Statement of Reasons to revoke his security clearance based upon Guideline E – Personal Conduct, Guideline F – Financial Considerations, Guideline G – Alcohol Consumption, Guideline H – Drug Involvement, and Guideline J – Criminal Conduct. While holding a clearance, our client declared bankruptcy, used cocaine, and was arrested for cocaine possession and DUI. Working with the client for over a year, we aided him in obtaining counseling and rehabilitation and making lifestyle changes. After presentation of our case demonstrating substantial behavior changes and excellent prognosis, the Administrative Judge ruled FOR THE APPLICANT granting security clearance

Category: Security Clearance Success Stories

Active Duty Service Member Cleared of Financial Charges & Drug Charges

SOUTHEAST – Active duty service member issued Letter of Intent (LOI) / Statement of Reasons (SOR) under Adjudicative Guidelines F – Financial Considerations, G – Alcohol Consumption, and H – Drug Involvement due to 17 different accounts in arrears to include student loans, Veterans Administration, tax lien and consumer credit accounts; use of marijuana on several occasions, to include being the basis for a previous discharge from the military before reenlisting on this enlistment, possession of marijuana, DUI, and excessive consumption of alcohol. After detailed written response to SOR the Central Adjudication Facility (CAF) granted the client’s clearance without the client having to go through a Personal Appearance. 

Category: Security Clearance Success Stories

Government Employee Granted Security Clearance From Drug Abuse

WEST COAST – Client, government employee was issued a Letter of Intent (LOI)/Statement of Reasons (SOR) based upon allegations under Adjudicative Guidelines: H – Drug Involvement and J – Criminal Conduct for drug use on multiple occasions each month from 1978-1985; and then on a less frequent basis from 1985 until 2002; falsification of SF86s on two different occasions in 1994 and 1999 by denying drug use in the previous 7 years; and for drug use while employed by the U.S. Government and possessing a security clearance. After responding to the SOR, the government issued a Supplemental SOR under the Adjudicative Guideline for Personal Conduct, to address the deliberate failures provide full, frank, and candid responses to the SF86s. After submitting a response to both the SOR and Supplemental SOR, the Central Adjudication Facility found FOR THE APPLICANT and the clearance was granted without the necessity of having to go through a Personal Appearance.

Category: Security Clearance Success Stories

Assisted Cleared After Military Discharge for Drug Abuse

MIDDLE ATLANTIC – Assisted client having a previous Other Than Honorable Discharge from the military for Misconduct – Drug Abuse in obtaining a security clearance through the proper execution of the SF86 and preparation for background interview, resulting in expeditious granting of clearance without the issuance of a Statement of Reasons.  Concerns would have been under Adjudicative Guideline H – Drug Involvement.

Category: Security Clearance Success Stories

Navy Civilian Employee Innocently Ingested Cocaine Via Organic Tea

MIDDLE ATLANTIC – Navy civilian employee, who was also a Lieutenant Colonel in the U.S. Army Reserve, tested positive for cocaine on a random urinalysis test raising adjudicative concerns under Guideline H – Drug Involvement. He was administratively suspended from his position with the Navy, and the Army initiated administrative discharge processing. After retaining the lawyers at JAG Defense, we identified a potential source of the cocaine – our client had purchased and consumed Delisse Organic Tea at a health food store in California. This tea was legally available and contained no warnings regarding the possible presence of cocaine. We arranged to have the tea forensically tested, which revealed the presence of cocaine. Our lawyers put together a comprehensive package detailing the presence of cocaine in the tea, eyewitness statements surrounding our client’s innocent purchase and ingestion of the tea, and detailed scientific proof that established that our client’s nanogram levels were consistent with his unknowing use of the tea. The Department of the Navy Central Adjudication Facility granted the client’s clearance without the client having to go through a Personal Appearance. Further, the Army terminated all administrative discharge processing based on our client’s innocent ingestion of cocaine.

Category: Security Clearance Success Stories

Central Adjudication Facility Found for Client and Granted Clearance

WASHIGNTON, DC – Client active duty military member received Letter of Intent (LOI) / Statement of Reasons (SOR) for Adjudicative Guidelines: G – Drug Involvement, J – Criminal Conduct, and E -Personal Conduct concerning consuming alcohol to the point of intoxication, failure to disclose pre-service use of an illegal drug, use of an illegal drug within the last 7 years of executing the SF86, and use of an illegal drug while possessing a security clearance. After submitting a detailed written response to the SOR, the Central Adjudication Facility found for the client and GRANTED THE CLEARANCE. 

Category: Security Clearance Success Stories