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

Senior NASA Official Cleared From False Investigative Statements

MIDDLE ATLANTIC – Applicant, senior official at NASA, issued a Letter of Intent to deny clearance based upon Guideline B (Foreign Influence) and Guideline L (Outside Activities) as a result of ownership interest in foreign business enterprise; Guideline F (Financial Considerations) and Guideline E (Personal Conduct) for failure to file State Income Tax returns for several consecutive years; Guideline L (Outside Activities) for consulting work concerning foreign business enterprise; Guideline E (Personal Conduct) and Guideline I (Emotional Mental and Personality Disorders) based upon statements from supervisors, co-workers and acquaintances indicating reservations in applicant having access to classified information; Guideline E (Personal Conduct) and Guideline F (Financial Considerations) resulting in the inactivation of applicant’s government credit card due to mismanagement of the account; and, Guideline F (Financial Considerations) due to unpaid account information in applicant’s credit report.

We prepared and submitted a “voluminous” response for Applicant documenting: gross distortion/fabrication of allegations; miss-statements in investigator’s summary of comments attributed to the sources of the allegations; demonstration of whistle blower retaliatory actions by former supervisors in an effort to use security clearance mechanism to “get back” at applicant; and clarification of delayed receipt of filed tax returns (vice not filing of tax returns) with no outstanding credit issues against applicant which resulted in clearance being granted to applicant. Action also taken to have unsupported allegations removed from Applicant’s OPM Investigative file in order to preclude ability to use this unsupported information in future clearance adjudication procedures.

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

Senior Executive Defense Contractor Cleared from Use & Purchase of Drugs

SOUTHEAST – Senior Executive with Defense Contractor issued Letter of Intent (LOI) to deny Special Access (Sensitive Compartmented Information – SCI) by Department of the Navy Central Adjudication Facility (DONCAF) due to Guideline H – (Drug Involvement) as result of multiple occasions of purchase and use of cocaine and Guideline E (Personal Conduct) for failing to fully and completely disclose drug use on SF-86 (Questionnaire for National Security Positions) and during background investigation interview. After review of our prepared response to the LOI, DONCAF granted DCID 6/4 SCI access without necessity of a personal appearance.

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

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