WEST: DHS Employee received Supplemental Information Request with questions regarding a traffic stop after derogatory information was discovered during continuous evaluation process. JAG Defense assisted client to respond to questions and mitigate concerns agency had with this information’s impact on client’s continued eligibility to hold a sensitive position. Clearance retained.
WEST COAST: Client received a job offer from DoD contingent upon the granting on a security clearance. Disclosure of prior drug use on SF-86 resulted in the receipt of a Statement of Reasons. We successfully assisted client with his Response to mitigate concerns related to involvement with an illegal substance. Secret Clearance granted.
MIDATLANTIC: Federal Government employee in the Department of Defense received an SOR concerning handling of protected information, personal conduct, sexual conduct, criminal conduct, psychological conditions, and financial considerations as a result of allegations of leaving classified material unsecured, failing to protect sensitive information by having it open to public view while on public transportation, disclosing classified information to a family member who then publicly shared that information, bringing classified information home, disclosing a classified location, making threats of violence against members of the activity, engaging the services of a sex worker, suffering from a diagnosed psychological disorder, and failing to pay debts. After presenting the case at a Personal Appearance, to include consideration of protections under PPD-19 (Protecting Whistleblowers with Access to Classified Information) the Personnel Security Appeals Board found FOR THE APPELLANT and the clearance was granted.
Active Duty O-4 retained JAG Defense after receiving SOR for positive urinalysis tests while attending SARP program. JAG Defense successfully mitigated security concerns by demonstrating that only the metabolites and not the drug itself remained in client’s system after admission to SARP program; the resulting positive urinalysis tests were only positive for the drug metabolites.
ASIA: Active duty E-6 retained JAG Defense after failing a urinalysis test. JAG Defense successfully defended member at Administrative Separation Board, and member was retained. Shortly thereafter, member received an LOI/SOR to revoke his eligibility for a security clearance and deny his eligibility for access to SCI. JAG Defense successfully mitigated concerns with the positive urinalysis and member received a favorable security determination.
MIDWEST: Client civilian government employee received an SOR after engaging in an extramarital affair with a co-worker and using the company e-mail system to send inappropriate e-mails. Client successfully mitigated security concerns and received a favorable security determination after retaining JAG Defense to assist with SOR response.
PACIFIC: Client military officer issued Letter of Intent (LOI) and Statement of Reasons (SOR) under Adjudicative Guidelines D – Sexual Behavior, E – Personal Conduct, and J – Criminal Conduct as the result of the issuance of a Memorandum of Reprimand and a Board of Inquiry (BOI) determination that the client verbally and sexually harassed a woman in violation of Army Regulations and by doing so engaged in conduct unbecoming an officer in violation of the Uniform Code of Military Justice. After submitting a written response to the SOR the DoD CAF for the service concerned granted the clearance, permitting the officer to retain the security clearance and continue to serve towards retirement eligibility.
MIDDLE ATLANTIC: Client Defense Contractor’s clearance was denied as a result of concerns under Adjudicative Guidelines E – Personal Conduct and H – Drug Involvement and J – Criminal Conduct as the result of the use of multiple illegal substances, mixing illegal drugs with alcohol, purchasing illegal drugs, using illegal drugs while possessing a security clearance, obtaining the services of prostitutes on various occasions in various countries, and falsifying material facts related to the background investigation and clearance adjudication on multiple occasions over an approximate 10 year period. Client retained JAG Defense for assistance with a reapplication after revocation of the clearance. Working closely with the client and being able to document through random drug tests that the client was drug-free for a substantial period of time, we were successful in getting the client approved for consideration of a clearance. Unfortunately, due to loss of income in the intervening period, a new Statement of Reasons (SOR) was issued against the client, focused on the Adjudicative Guideline F – Financial Considerations, but with the client’s previous history being relevant under the whole person concept. Nonetheless, due to documented evidence of the client’s changes in behavior, full acceptance of responsibility for previous wrongdoings, and strong evidence of rehabilitation, following a Hearing the Administrative Judge found FOR THE APPLICANT and the clearance was granted.
NORTHWEST: Applicant military officer tested positive for un-prescribed medication in unit sweep, leading to imposition of NJP, loss of career field, Board of Inquiry, Promotion removal action, and actions to revoke clearance under Adjudicative Guidelines H – Drug Involvement, and J – Criminal Conduct. After presentation of case before Administrative Judge from the Defense Office of Hearings and Appeals (DOHA), Personnel Security Appeals Board concurred in finding of unknowing ingestion of medication and restored previously revoked clearance to client.
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.
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.
Jill Thomas has served as an Assistant U.S. Attorney, military defense counsel, and military judge. She has extensive experience in military justice, litigation and administrative processes.
Air Force E-3 was charged with raping and engaging in indecent acts with a 15-year old girl. At his General Court-Martial, our aggressive cross-examination of the alleged victim established countless inconsistencies in her version of what occurred. Further, we presented evidence of our client’s innocent state of mind following the night that the misconduct allegedly occurred. Result: Without even having to testify, our client was ACQUITTED of all charges against him.
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