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

Defense Contract Employee Gains Security Cleared Despite Multiple DUIs

MIDDLE ATLANTIC – Applicant employee of a Defense Contractor denied Security Clearance based on Guideline G – Alcohol Consumption (Drinking to excess/intoxication from 1975-2002, Conviction for drunk in public, Four convictions for DUI to include felony conviction and jail term, Suspended drivers license as result of DUI’s, Conviction for driving on suspended license, Alcohol abuse treatment on two separate occasions); and Guideline J – Criminal Conduct (Arrested & charged with felony false imprisonment & kidnapping, Conviction for driving on suspended license). After presentation of case at DOHA hearing Administrative Judge found “For the Applicant” on all issues and CLEARANCE WAS GRANTED. Government appealed the decision by the Administrative Judge, with the Appeals Board affirming the Administrative Judge’s favorable decision, constituting a FINAL DECISION GRANTING THE CLEARANCE.

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

Defense Contract Employee Cleared After Alcohol Related Arrests & Convictions

MIDDLE ATLANTIC – Applicant employee of a Defense Contractor denied Security Clearance based upon Guidelines E – Personal Conduct and J – Criminal Conduct based upon record of Alcohol Related arrests and convictions as well as deliberate misrepresentation/omission of same on SF-86 and during interview with investigator. Applicant did not disclose full information until after being confronted by investigator during a second background investigation interview. 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

Defense Contractor Cleared After a Number of Convictions & Arrests

MIDDLE ATLANTIC – Applicant employee of Defense Contractor issued Statement of Reasons recommending denial of security clearance based upon Guideline J – Criminal Conduct due to three separate arrests/convictions for domestic assault/battery over an extended period of time. After presenting evidence to rebut number of convictions and extenuating circumstances regarding other incidents decision issued “For the Applicant” resulting in GRANTING OF SECURITY CLEARANCE.

Category: Security Clearance Success Stories

Active USMC Cleared with Conditions from Prior Drug Use and Financial Considerations

MIDDLE ATLANTIC – Active duty USMC E-8 issued Letter of Intent to deny Security Clearance based upon Guideline E (Personal Conduct), Guideline F (Financial Considerations) as result of approximately 20 accounts in collection/arrears/delinquent, totaling over $20,000, and Guideline J (Criminal Conduct) due to violations of UCMJ Articles 86, 91 and 92, investigation as suspect into violation of UCMJ Article 121; prior admission of illegal drug use; and as result of having previously received a favorable security clearance determination, with warning, in 1991 based upon financial irresponsibility. Clearance was then denied by Department of the Navy Central Adjudication Facility ( DONCAF) however, we appealed the decision through a personal appearance before an Administrative Judge, obtained a favorable recommendation by the Judge and granting of the appeal by the Personal Security Appeals Board (PSAB) of DONCAF, reinstating the clearance, with conditions.

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

Active Duty E-5 Cleared From Financial Debts and Past Due Accounts

WEST COAST – Active duty E-5 issued Letter of Intent (LOI) to deny Security clearance based upon Guidelines E – Personal Conduct, F – Financial Considerations and J – Criminal Conduct as result of assault and financial Judgments (two), Collections/Bad Debts (eight) and Past Due accounts (one). The Central Adjudication Facility (CAF) did not accept the service member’s response to the LOI as satisfactory and issued a Letter of Denial (LOD), revoking the clearance. After the clearance was denied we were retained and represented the service member at a personal appearance which resulted in a favorable recommendation by the Administrative Judge followed by reinstatement of the clearance by the Personal Security Appeals Board (PSAB) at the CAF. Result: For the service member and CLEARANCE GRANTED. from that Agency as well.

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