Mid-Atlantic: Army Reservist received Statement of Reasons (SOR) alleging underage drinking, driving under the influence, illegal drug possession and carrying another’s CAC card while active duty. JAG Defense assisted with SOR Response and successfully mitigated concerns with incidents that had occurred years prior. Clearance retained.
JAPAN: Assisted Marine Corps Captain complete an SF-86 during periodic reevaluation that required disclosure of previously undisclosed DUI that occurred over six (6) years prior. JAG Defense helped to mitigate any potential concerns the investigators might have with these disclosures. Security clearance retained.
SOUTH: Assisted military member complete an SF-86 during a periodic reevaluation that required proper disclosure of voluntary hospitalization for a mental health condition and cessation of alcohol use. JAG Defense helped to mitigate any potential concerns the investigators might have with these disclosures. Security clearance retained.
SOUTHEAST: Client defense contractor was issued a Statement of Reasons (SOR) under Adjudicative Guideline G – Alcohol Consumption, alleging that despite having been diagnosed as alcohol dependent seven years previously, Applicant continued to consume alcohol. After presenting case explaining that Applicant was not aware that continued consumption of alcohol, after a diagnosis of alcohol dependence, could result in loss of clearance; and that upon learning of that fact, the Applicant has removed alcohol from the Applicant’s life. The Administrative Judge found FOR THE APPLICANT and granted the clearance.
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.
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.
MIDDLE ATLANTIC – Applicant employee of a Defense Contractor denied Security Clearance based on Guideline G – Alcohol Consumption (Drinking to excess/intoxication and blackouts from 1970-2003, Conviction for DUI, Alcohol abuse treatment for alcohol dependence, and continuing to consume alcohol after treatment and diagnosis of alcohol dependence); and Guideline H – Illegal Drug Use (Use of marijuana with varying frequency from 1974 to 1983 and during 2002, purchase of marijuana, treatment for one year for cannabis abuse, use of marijuana on multiple occasions while possessing a Security Clearance). After presentation of case at DOHA hearing Administrative Judge found “For the Applicant” on all issues and CLEARANCE WAS GRANTED.
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.
WEST COAST – Applicant employee of a defense contractor issued Statement of Reasons recommending denial of security clearance based upon Guideline G – (Alcohol Consumption) due to consumption of alcohol to excess and the point of intoxication over a nearly 40 year period; DUI conviction; denials of special access programs on three previous occasions over a recent 17 year period due to excess alcohol consumption; continuing to drink to excess after evaluation and treatment for alcohol abuse and against medical advice notwithstanding being at risk for alcohol dependence with continued alcohol consumption and after the denials of access to special access programs. After presentation of case demonstrating substantial behavior changes and excellent prognosis Administrative Judge ruled FOR THE APPLICANT granting security clearance.
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.
Grover H. Baxley is the founding attorney of JAG Defense. As a former member of the U.S. Air Force Judge Advocate General’s Corps, Mr. Baxley now provides highly experienced representation for military members in all branches of service all over the world.
Thomas M. Rodrigues retired from active duty as a Colonel in 2019 after serving 23 years in the Air Force Judge Advocate General’s Corps. Colonel Rodrigues has extensive experience in military justice, litigation and administrative processes.
Air Force E-7 tested positive on a random urinalysis for marijuana. At his subsequent court-martial, the military lawyers at JAG Defense challenged the laboratory’s testing methods and presented compelling evidence of our client’s exceptional military character. Result: The officer members found our client NOT GUILTY of the charge against him.
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