Security Clearance Success Stories

Brief summaries of JAG Defense’s Representative Cases for Security Clearance cases are listed below. To download written decisions of cases handled by JAG Defense, please visit Security Clearance Decisions.

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

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

Active Duty Member Owes Over $25,000, Retains Security Clearance

WEST COAST: Active duty E-6 received Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines for Personal Conduct and Financial Considerations concerning eight accounts in arrears/collection/bad debts totaling approximately $25,000 as well as the omission of relevant and material facts on the SF86 and admissions during OPM background investigation to spending more money than was being earned. After submission of detailed response to SOR, Central Adjudication Facility (CAF) found FOR THE APPLICANT and granted the clearance without the necessity of a Personal Appearance before an Administrative Judge from the Defense Office of Hearings and Appeals (DOHA).

Category: Security Clearance Success Stories

E-8 Has Significant Financial Debt But Retains Clearance

SOUTH: SNCO/E-8 issued Letter of Intent (LOI)/Statement of Reasons (SOR) for Financial Considerations concerning State tax lien for unpaid taxes for several years; Child support in arrears placed in collection for over $30,000 as the result of not making full support payments over a period of approximately 7 years; and additional past due debt not being paid. After presentation of information in his response to the Central Adjudication Facility (CAF) of the client’s diligent efforts to meet financial obligations, superior personal and professional performance and conduct demonstrating a pattern of reliability, trustworthiness and ability to protect classified information, the CAF found Conditionally FOR THE APPLICANT without the necessity of a Personal Appearance before an Administrative Judge. The client need only continue to demonstrate responsible steps in paying off the debts in arrears through quarterly financial status reports to the command.

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

Clearance Granted for Active Duty Officer Despite Significant Bureaucratic Errors by Command

EUROPE:  Client active duty officer issued Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines: B – Foreign Influence, C – Foreign Preference, E – Personal Conduct, and F – Financial Considerations, based upon being identified in a Federal Bureau of Investigation (FBI) file regarding suspected provision of false statements to a financial institution for a loan to purchase property; failing to list all relatives in the SF86 Questionnaire for National Security Positions, denying possession of a passport from another country when a dual national, failure to disclose required negative financial information, as well as a number of Tax Liens and Collection accounts totaling in excess of $110,000.00, and being subject for both Foreign Preference and Foreign Influence.  The case presented one of the most complex procedural situations based upon the command’s failure to properly process paperwork resulting in conflicting guidance between the Central Adjudication Facility and the Defense Office of Hearings and Appeals concerning the status of the adjudication, however, based upon the written submission prepared to respond to the SOR the clearance was eventually granted.

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

Clearance Granted After Failure to Disclose Negative Termination

WASHINGTON, DC – Federal Air Marshal (FAM) was denied Top Secret Security Clearance and placed on unpaid administrative leave based on allegations under Adjudicative Guideline E – Personal Conduct due to termination of previous Defense Contractor law enforcement employment for insubordination, failure to properly perform duties and ineligibility for reemployment. Additional allegations involved false statement, suspension from work for unauthorized absences, improper performance of duty, and forced resignation from civilian police department employment as well as failing to disclose such unfavorable termination of previous employment in the security clearance application process. After presentation of case before DHS/TSA Security Appeals Panel, Top Secret Clearance was granted and client was fully reinstated as FAM.

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