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 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

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

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

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