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

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

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

Naturalized US Citizen & Native of ROC Cleared Over Security Concerns

NEW ENGLAND – Applicant native of the Republic of China and naturalized U.S. citizen, who is a senior fellow with a Defense Contractor, was issued a Statement of Reasons (SOR) alleging Guideline B – Foreign Influence and Guideline C – Foreign Preference concerns due to renewal and use of Taiwanese passport after becoming naturalized U.S. citizen and due to various family members by blood and marriage residing in Taiwan. Subsequent to hearing, government moved to reopen the case and amend the SOR to include Guideline K – Security violation and possibly Guideline E – Personal Conduct for failure to disclose security incident that occurred prior to the hearing in the case. Additional submissions by Applicant and agreed to stipulation by the parties were provided to the Administrative Judge for consideration in the matter, mitigating all concerns and demonstrating that a determination there had been a security violation had not been made prior to the hearing, thus no Guideline E issue and ultimately resulting in a finding FOR THE APPLICANT on all allegations and GRANTING of SECURITY CLEARANCE.

Category: Security Clearance Success Stories

Senior Civilian Researcher Cleared from Sharing Classified Information

WASHINGTON, DC – Senior civilian researcher, Federal Government employee issued a Letter of Intent (LOI) to revoke his clearance based upon the following allegations in the Statement of Reasons (SOR) under Guideline E – Personal Conduct and Guideline K – Security Violations: Being issued a warning for bringing an uncleared individual into a Sensitive Compartmented Information Facility (SCIF); improperly providing classified information to a news reporter; several sources with knowledge of the individual questioning the Appellant’s honesty and integrity due to damage to and failure to return personal property, motives for actions taken, questioning accuracy to statements made and basis for filing grievances against the agency; arrest for stalking a co-worker; violation of security practices, misrepresenting address, and introducing recording devices into a restricted area. After submission of a response to the LOI we were able to have a number of the allegations favorably resolved and, after issuance of a Letter of Denial and then appealing that decision through a personal appearance before an Administrative Judge from the Defense Office of Hearings and Appeals (DOHA), receive a favorable recommendation, with a resulting decision by the Personnel Security Appeals Board (PSAB) of the Central Adjudication Facility finding for the Appellant and reinstating his clearance.

Category: Security Clearance Success Stories

Sr. Defense Contract Employee Cleared From Copying Classified Info

SOUTHWEST – Applicant, senior employee of a Defense Contractor was issued a Statement of Reasons (SOR) as a result of 19 different allegations under Guidelines E – Personal Conduct, J- Criminal Conduct and K – Handling Protected Information (i.e., security violations). These allegations included such reported incidents as knowingly copying classified information to unclassified medium, knowingly and improperly bringing recording equipment into a project secure area in violation of the National Industrial Security Program Operating Manual (NISPOM), and multiple allegations of false statements and misinformation during the application, interview and adjudication process. After an extremely contentious eight hour hearing the Administrative Judge found FOR THE APPLICANT on all allegations and the clearance was granted.

Category: Security Clearance Success Stories

Defense Contractor Applicant Cleared From Failure to Follow Protocol

WEST COAST – Applicant defense contractor employee issued Statement of Reasons based upon Guideline K – Handling Protected Information and Guideline E – Personal Conduct as a result of three separate security violations, over a two year period of time: by forwarding computer files that could result in the revelation of classified material, failing to perform require Information System Security Officer responsibilities, and leaving his computer access open and used by other employees over extended periods of time. After presentation of the case at a hearing before an Administrative Judge, all allegations were found “For the Applicant” and his clearance was restored.

Category: Security Clearance Success Stories

Navy Civilian Employee Cleared From Relationship with Foreign Officer

WASHINGTON, DC – Department of the Navy civilian employee was issued Letter of Intent (LOI)/Statement of Reasons (SOR) to revoke eligibility for security clearance and assignment to a sensitive position, under Adjudicative Guideline: B – Foreign Influence, E – Personal Conduct, and K – Handling Protected Information due to Post-Test (polygraph) interview with the FBI as result of developing a personal relationship with a foreign military officer and, over a one-year period assisting the foreign officer’s family, social interactions, probable discussions about military operations, logistical, transportation, engineering capabilities, debarkation and time movement nodes, US chemical and biological capabilities, and military units reporting responsibilities per operations plans; other foreign contacts and failure to disclose those other foreign contacts. After presentation of a substantial response, DON CAF GRANTED THE CLEARANCE and favorable suitability determination.

Category: Security Clearance Success Stories

Marine Corps O-5 Cleared from Misuse of Classified Documents

SOUTHEAST – Marine Corps O-5 was issued Letter of Intent (LOI)/Statement of Reasons (SOR) to revoke security clearance and access to Sensitive Compartmented Information (SCI), under Adjudicative Guideline: E – Personal Conduct, K – Handling Protected Information, and M – Misuse of Information Technology Systems due to mishandling of classified information by leaving it on a desk; mishandling classified information at work station; sending classified attachment on a NIPR email; having classified documents on NIPR hard drive; dozens of classified documents on a NIPR share drive; being repeatedly counseled on proper handling of classified materials. After DON CAF denied clearance, client retained JAG Defense. After presentation of case at Personal Appearance before Administrative Judge from Defense Office of Hearings and Appeals, the Personnel Security Appeals Board (PSAB) found FOR THE APPELLANT and the clearance was reinstated.

Category: Security Clearance Success Stories

Administrative Judge Found for the Applicant in Protected Information Case

EUROPE – Client employee of an international treaty organization (adjudicated as a Defense Contractor case under DoD Directive 5220.6) received SOR alleging approximately 13 different security violation/incidents, covering various levels of classified information, over an approximate nine-year period of time, under Guideline K – Handling Protected Information. After presentation of voluminous information and testimony at a Hearing the Administrative Judge found FOR THE APPLICANT and the clearance was granted. 

Category: Security Clearance Success Stories