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Rebutting and Appealing Security Clearance Denials

William Henderson for ClearanceJobs.com - November 14, 2009

The Defense Industrial Security Clearance Office (DISCO) is a Central Adjudication Facility (CAF) that is part of the Defense Security Service. DISCO processes about 150,000 personnel security clearances each year for DoD contractors and contractors of 23 other federal agencies. These are referred to as industrial cases. DISCO favorably adjudicates about 75% of these cases after the investigations are conducted by the Office of Personnel Management. If DISCO cannot affirmatively find that it is clearly consistent with the national interest to grant or continue a personnel security clearance, the case is referred to the Defense Office of Hearings and Appeals (DOHA) for further review. DOHA has the option to request further investigation, send out written interrogatories, interview the applicant, and/or require the applicant to undergo a psychological evaluation. Of the approximately 35,000 to 40,000 cases received each year, DOHA favorably adjudicates about 96% and directs DISCO to grant or continue the clearances. DOHA makes preliminary decisions to deny or revoke clearances on the remaining 4%. When this occurs, DOHA sends the applicant a “Statement of Reasons” detailing the specific reasons why it intends to deny or revoke the clearance and advises the applicant of their right to submit a written rebuttal and their right to a hearing.

The Department of Energy (DOE) has its own Office of Hearing and Appeals that makes initial decisions and handles appeals on industrial and non-industrial security clearances. DOE’s procedures are similar to DOHA’s.

THE STATEMENT OF REASONS (SOR)

About 10% of applicants who receive an SOR drop out of the process by not responding to the SOR; their clearances are denied or revoked without further action. For an applicant who chooses to rebut the SOR, the written rebuttal must be received at DOHA within 20 days from the date the applicant receives the SOR. This rebuttal can be made with or without a request for a hearing. Applicants may request an extension of time to file a rebuttal to the SOR, but they must have a good reason. The rebuttal must include a detailed written answer that admits or denies each allegation in the SOR and provides information that rebuts, explains, or mitigates each allegation.

Upon receipt of the SOR rebuttal, DOHA sends the applicant a File Of Relevant Materials (FORM). The applicant has 30 days from receipt of the FORM to submit a written response to the FORM, setting forth objections, rebuttal, extenuation, mitigation, or explanation, as appropriate. If a review of the rebuttal to the SOR and/or response to the FORM determines that allegations are unfounded, or evidence is insufficient for further processing, DOHA withdraws the SOR and DISCO grants or continues the clearance. Otherwise, the case is assigned to a DOHA Administrative Judge (AJ) who will consider the case with or without a hearing.

About 88% of case decisions based only on a review of the written record by a DOHA AJ result in clearance denial or revocation. About 60% of case decisions based on a hearing result in clearance denial or revocation. About 70% of applicants who respond to an SOR request hearings.

THE HEARING

Either the applicant or a DOHA attorney can request a hearing. If a hearing is requested, the applicant will be notified at least 15 days in advance of the time and place of the hearing. The hearing will be held at a location within a major city near the applicant’s place of employment or residence. The AJ may require a pre-hearing conference. The applicant must appear at the hearing in person with or without an attorney or a personal representative. Hearings are generally open, except when the applicant requests that it be closed, or when the AJ determines that there is good cause for keeping the proceedings closed.

As far in advance as practical, the DOHA attorney and the applicant may request information from the opposing party regarding witnesses or other evidence to support or rebut, explain, extenuate or mitigate information contained in the SOR that may be presented at the hearing. At the hearing witnesses and other evidence are subject to cross examination, and a verbatim transcript is made of the hearing.

After the hearing, the AJ makes a written decision that includes not only the clearance decision but also all findings of fact, policies, and conclusions regarding the allegations in the SOR. This written decision is sent to both the applicant and the DOHA attorney. DOHA then directs DISCO to make appropriate notification to the applicant’s employer. If the clearance is denied or revoked, the applicant is notified of appeal procedures.

THE APPEAL

Either the applicant or the DOHA attorney can appeal the DOHA AJ’s decision. About 20% to 30% of these decisions are appealed. This must be done in writing within 15 days of the AJ’s decision. Appeals go before a DOHA Appeal Board of three AJs. A written appeal brief must be received by the Appeal Board within 45 days from the date of the AJ’s original decision. If the DOHA attorney appeals, a copy of the brief is sent to the applicant, and the applicant has 20 days to submit a written reply brief, if any. No new evidence is received or considered by the Appeal Board; therefore, most appeals claim that the evidence did not support the decision and/or insufficient weight was given to applicant’s mitigating evidence. Except for rare circumstances where there were procedural errors, an Appeal Board’s decision is final. The Appeal Board issues a written decision addressing the material issues raised on appeal, and a copy is sent to both parties. The Appeal Board can affirm, reverse, or remand a case to the original AJ with instructions for further review.

In the vast majority of appeals, the DOHA Appeal Board affirms clearance denials. An applicant whose clearance has been finally denied or revoked is barred from reapplying for a clearance for a period of one year from the date of the initial adverse clearance decision. Industrial and non-industrial applicants do not have a right to contest security clearance denials or revocations in the courts. Documents entitled, “Prehearing Guidance” and “Appeal Instructions” are posted at the DOHA website.

INDUSTRIAL VS. NON-INDUSTRIAL CLEARANCES

There are differences between the adjudication of most industrial cases and the adjudication of cases involving military/federal civilian applicants and cases involving Special Access Programs. In such non-industrial cases, applicants who receive an SOR (also known as a Letter of Intent or a Letter of Instructions—LOI) do not have a right to a hearing. The applicant’s written rebuttal to the SOR is reviewed by a supervisory adjudicator who makes the clearance decision. If the applicant’s clearance is denied or revoked, the applicant then has a right to appeal. In making the appeal, the applicant has the choice of submitting a written appeal with supporting documents directly to their Personnel Security Appeal Board (PSAB) or requesting a personal appearance before a DOHA AJ. Procedures and timelines for SOR rebuttals and appeals differ slightly for each CAF/PSAB. Applicants who choose to appear before a DOHA AJ to present their appeal are permitted to explain their case (with or without an attorney or personal representative) and submit supporting documents, but it is not a hearing. There are no witnesses, other than the applicant, and there is no cross examination. The DOHA AJ evaluates all the information presented and makes a written clearance recommendation to the applicant’s PSAB. PSABs are composed of three members and decisions are made by a majority vote. PSABs notify applicants of their final decision and include reasons for their decision.

At first glance it may seem that applicants in industrial cases have greater procedural protections and administrative remedies than in non-industrial cases, because of their right to a hearing. But that hearing is an adversarial process in which the government is represented by an attorney experienced in security clearance matters, and the applicant may not be able to afford equal representation. When industrial applicants appeal their cases, they can not introduce new evidence; whereas, applicants in non-industrial cases can submit new evidence, and the PSAB can take an entirely fresh look at the case and make what they believe to be the appropriate decision without regard for the lower-level decision. Lastly, in industrial cases, either party (the applicant or the DOHA attorney) can appeal the decision of a DOHA AJ, but in non-industrial cases only the applicant has the right to appeal to a PSAB.

William H. Henderson is a retired security investigator, author of Security Clearance Manual, and regular contributor to ClearanceJobsBlog.com and ClearanceJobs.com.

Copyright © 2008 Last Post Publishing. All rights reserved.

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Comments


	Sekas (US), If you leave the AF, the AF adjudication facility can close your case as �loss of jurisdiction�. That will show in JPAS as a potential problem for any new employer. If you go contractor, the case must be re-adjudicated by DISCO and could take months. So if you go that route, be up-front with the new employer and they must be willing to keep you on the books (possibly without pay) while DISCO does their thing. If possible, I would stay in the AF until the clearance is decided. Good luck.

Bill L. (Annapolis, MD) on August 24, 2010 at 7:55am


	Thanks Bill for the response. Now here is the situation now for me. I am about to leave the Air Force and my suspended clearance has not been adjudicated yet. When I get to my new job it will say access suspended in JPAS. Should I stay in the Air Force until my suspended clearance is reinstated or take my chances with the new company that they will reinstate my clearance?

sekas (us) on August 20, 2010 at 9:06pm


	CAF13, I am very sorry for your situation. It is highly unusual for a case to go 2.5 to 3 years for finances. The only thing I can say to alleviate your worry is � if you are employed and receiving a regular paycheck, be glad. And DO NOT resign. If you do, that throws you into another bad situation regarding the clearance outcome. DO NOT withdraw (revoke) your response to the SOR. This will accelerate the denial/revocation action. The question about �you can not go to a job that does not require a Secret� seems strange, but is a company HR decision, and has nothing to do with the government or DoD. Obviously, you are now working at a job that does not require a clearance. The only way to expedite the case is for your company to contact the adjudication facility. Good luck.

Bill L. (Annapolis, MD) on August 17, 2010 at 12:13pm


	ARay (Atlanta, GA), Financial considerations are a noteworthy nightmare for investigators, adjudicators and individuals such as you. Basically, you need to respond to the SOR, each and every item listed. For example, if the SOR states that you owe GMAC $8k for a repossessed vehicle, you must provide documentation of what you have done to resolve the debt. This includes communication between you and GMAC, whether the debt is still valid, whether there is a payment plan and that you are compliant, etc. If the debt is disputed, you must provide documentation to support your claim (letter to GMAC, entry on your credit report, etc). This process is often time consuming and paper intensive (whether actually writing a letter or printing electronic contact). Your rebuttal should also include a copy of your current credit report to show any changes/corrections, a letter from your immediate supervisor to show they are aware of the problem and it has not affected your job performance, any assistance you have received from counseling agencies (company HR, Consumer Credit Counseling Service, etc). The key here is documentation (note that I have used that word often) of your efforts to explain the situation (spouse lost job, unexpected medical expenses, etc) and what you have done to contact the creditors and resolve the debt. Also check out other articles on this site dealing with finances. Good luck.

Bill L. (Annapolis, MD) on August 17, 2010 at 12:02pm


	Al, I am very sorry for your situation. �Legally�, by Executive Order and DoD Regulations, your clearance eligibility can not be denied/revoked without �due process�. You must be provided a Statement of Reasons as to why the adjudication facility intends to deny/revoke and you must be offered the opportunity to respond and appeal. Your FSO should be able to tell you what facility denied/revoked your eligibility and then you can proceed to obtain a copy of your investigative and adjudicative file through the Freedom of Information Act. The FOIA address for the facility that did this action is on their website. Another option is to secure the services of an attorney. Go to the web and search for national security attorney or security clearance attorney in your location. Most of these attorneys have experience with all the adjudicative facilities and can get the ball rolling. Good luck.

Bill L. (Annapolis, MD) on August 17, 2010 at 11:46am


	Bill. Was told today by my FSO that I have no clearance anymore. It is gone, but I have not been told by DISCO or NSA or anyone. Still waiting for some word from them, NSA, on my appeal. It is now 7 weeks. My FSO tells me, I now have not even a secret. Nice. From Hero to zero in just a few short weeks. SO if this goes south on me. How do I get a clearance back? AL

AL on August 16, 2010 at 11:25am


	I cannot afford to hire an attorney to assist with responding to the SOR. Are there any sample documents to help with responding to an SOR, more specifically, Guideline F-Financial issues?

ARay (Atlanta, GA) on August 15, 2010 at 4:12am


	I waited 2.5 years for the official denial of my SECRET clearance due to financial reasons (divorce/circumstances/medical). I decided to respond to the SOR and sent it in within the time frame. Now I have waited 7 months so far without a decision to my SOR response. I even requested several months ago that my agency inquire as to the status of my clearance. This is so stressful and unacceptable to wait 3 yrs for a clearance decision. I might add that I provided a credit report with my SF86 3 yrs ago and was open and honest about my financial situation. Is this wait the norm?? This is so stressful to myself and my marriage...go to work every day wondering if today is the day I lose my job. I am not stupid enough to resign I just want the decision already! You would think that there would be a due process time frame for these SOR responses and the agency decision on whether or not to grant a clearance. Is there a course of action to get this expedited? Can you revoke your SOR response? Also, I was told once you got a denied clearance or the Intent to deny letter you cannot go to a job that does not require the Secret clearance because it is too late, is this true? I don't know where to turn to find out my rights in this process and see if this is way out of compliance to when I should be given a response of some sort. Please, any information or suggestions will be appreciated as I am stressed out and at a loss! Thank you!

CAF13 on August 11, 2010 at 3:37pm


	BBC781 (OH), In my opinion/experience, traffic tickets seldom result in an interim denial. If you are a DOD contractor, there is no appeal of this denial. If you are a DOD civilian, I would question your security manager for the reason as the hiring command is the determining authority. Regardless, 3 speeding tickets and a 1995 incident should not result in a clearance denial. Good luck.

Bill L. (Annapolis, MD) on August 5, 2010 at 9:52am


	I am a 30%+ disabled veteran (honorable). I applied for an IT job requiring a TS clearance. I was denied an interim clearance. I have excellent credit, no alcohol or drug issues..ever. I did manage to get 3 speeding tickets (less than 20 miles over) in the course of a month. 2 occurred on Memorial weekend while listing to study guides onthe radio. I have an incident in 1995 where I was cited at work for visiting a hacker site so I could teach myself about different tactics used to infiltrate web pages so I could guard against them when I was coding mine at work. It didn't matter. It was still a policy violation. Do you think I will be denied my TS clearance in the end? Is there anything I can do in the interim that will improve my chances?

BBC781 (OH) on August 2, 2010 at 10:30pm


	I did not include my children on my security clearnce application, because one was from the result of a extra marrage affair and I did not include them on my last application, 10 years ago. During my OPM interview I can clean before asked but I still expect to be recieve a SOR. So my concern is I travel a lot for my job. If I am issued a SOR but can't response within 20 days because of being out of town, do I have any options? Is the SOR send by registered mail where I have to sign for it? I assume that could prove when I actually recieved the notice.

Expecting the worse (New York) on July 29, 2010 at 12:24am


	Thanks Bill. I can only wait. I just want to get back to work and start bring money back into my home.

AL on July 20, 2010 at 9:24pm


	Thanks so much for the response.

Perry (Maryland) on July 20, 2010 at 7:20pm


	Perry (Maryland): An attorney can make a big difference if your case involves serious mutiple issues and the attorney has had extensive experience dealing with SOR rebuttals. With good, well-presented mitigation and positive "whole person" factors documented in the SOR rebuttal, a hearing may not be necessary. Once you have been granted a security clearance, sponsorship can be transferred from one company to another, provided there is no break-in-service of more than 24 months.

William Henderson on July 20, 2010 at 5:59pm


	anon2 (eastCoast): Yes, if the falsification was intentional and material, there are absolutely no mitigating conditions, and the resume was presented to someone for the purpose of being selected for something that would be beneficial to you. But there is rarely a disqualifying condition that can not mitigated to some extent.

William Henderson on July 20, 2010 at 5:45pm


	AL, Luckily, you appear to be still �on the books� at your employment and that is good. DO NOT quit or terminate employment. That will result in an entry in JPAS of �loss of jurisdiction� which will cause a deeper problem. If you asked for a personal appearance in your appeal, you should be contacted soon. If you asked for an appeal based solely on the established record, that could take a little longer. I do not know the average processing times as they vary from agency to agency. Sorry if this is not the answer you want to hear, but the only response is that you have to be patient and ride out the process.

Bill L. (Annapolis, MD) on July 20, 2010 at 8:32am


	Anon2 (eastCoast), The short answer is YES. Your scenario falls under the Personal Conduct guideline and involves several conditions that may be disqualifying. I once had a case where the individual falsified his resume regarding a college degree which was a requirement for the position. He completed the eQIP properly, but during his personal interview, he admitted to the deliberate resume falsification which was supported by the school record. We denied his clearance and he was fired from employment. Only the employing agency can decide if the false information was pertinent to the hiring action or was minor and can be overlooked. Good luck.

Bill L. (Annapolis, MD) on July 20, 2010 at 8:23am


	Perry (MD), In many cases, hiring an attorney who has experience in security clearance and national security law helps significantly. Most of these attorneys know the process very well and even know the administrative judges well enough to provide the correct documentation to mitigate your issue(s). Once your clearance eligibility is re-instated, you can look for work with any Federal contractor. Good luck.

Bill L. (Annapolis, MD) on July 20, 2010 at 8:14am


	I am in the process of doing an appeal and hired an attorney to help me with the response to the SOR and the hearing. Does hiring an attorney really help in this situation? Also, if you are granted the clearance do you have to go back to the company that initially sponsored you?

Perry (Maryland) on July 18, 2010 at 9:30pm


	Can you're clearance be denied for resume falsification if you're SF-86 contained the correct information.

anon2 (eastCoast) on July 15, 2010 at 1:21pm


	Bill. Looks like I am red in JPAS. I filled my appeal and now waiting for them to ether tell me no or yes. Its been about two weeks. Still nothing. But in the mean time, I am still furloughed and been looking for work. Every job I submit for a job, they will not hire me due to the "red" on my account. The new company looks in JPAS sees the red from DISCO, and bang no work. Several good job have now gone away. I was told that these NSA thing should not matter, for I still have a TS SCI. But it is affecting it real bad. I am still have no income coming in. If folks told me this how it was going to go, I would have never even tried to work over there. My saving account is almost gone, and I am about to go off to some broom pushing job just to pay the bills. I don't know what to do next. I thought I got all of the hoops but I guess not. Tell me Bill what can I do next?

AL on July 14, 2010 at 9:50pm


	Thanks for your response William.

Perry (Maryland) on July 14, 2010 at 9:34am


	Perry (Maryland): Almost all security/suitability issues (including drug involvement and falisfication) can be mitigated by "passage of time without recurrence." How long depends a lot on positive "whole person" factors and other considerations. You can apply for Public Trust (PT) positions but they use criteria similar to the criteria used for security clearances. Having recently falisfied a clearance application form and recent used drugs will probably result in an unfavorable PT determination.

William Henderson on July 7, 2010 at 4:10pm


	Lockit1 (Missouri): If both your delinquencies are now paid off and your state tax debt is being paid as agreed, your chance of getting a final clearance is good, but you may be asked to give more details about your past financial problems. This may affect your eligibility for an interim clearance.

William Henderson on July 7, 2010 at 3:58pm


	Mike (Louisiana): There is no amount of delinquent debt that results in an automatic clearance denial. OPM policy is that an aggragate past due amount of $3500 triggers the expansion of a clearance investigation. Expansion in this case means that individual creditor records may be reviewed after obtaining a specific release from the applicant.

William Henderson on July 7, 2010 at 3:47pm


	My husband has had a TS/SCI clearance for 12 years. We filed CH 13 bankruptcy in 11/2007 and have been having the payments taken directly out of his paycheck. His company took out monthly payment multiplied by 12 and divided by 26---which got us behind due to not enough being taken out each MONTH (which is what the bankruptcy trustee wants ) We received notice on 06/24/2010 that his SCI was being put on hold until further notice due to financial concerns. We have our response to the SOR done, just waiting on some character reference letters so that we can send it all in. The concerns that they have are pretty outdated (from early 2008) and we have done everything in our power to correct the things needing to be corrected. He still has a job but has to go to Florida (where his company originates) until all of this can be straightened out, otherwise he would not be working. A few questions for anyone who can answer: 1st: What is the normal turn around time for AFACF to inform us of it's decision? 2nd: Is there anyone out there that has been in the same situation and been granted their clearance again? 3rd: IF for some horrible reason AFCAF denies, can he get his clearance after a certain amount of time??

jenfr21 (ilinois) on July 6, 2010 at 1:11pm


	Sekas (US), There are several variables in your situation that may affect the outcome. The AF Central Adjudication Facility will be looking at how much money was involved over what period of time; were criminal charges brought against you (UCMJ); did you voluntary pay back the money or was a garnishment used; and are there similar incidents in your background. If this was your sole incident and the money was minimal, I do not see why your clearance would be revoked. Good luck.

Bill L. (Annapolis, MD) on July 6, 2010 at 9:52am


	Still Hopeful (VA), Your scenario is very sad, but unfortunately it is exactly why the reciprocity aspect of the DOD security clearance program is broken. Scatted Castles is a database for SCI adjudications only and basically for the Intelligence Community agencies only. JPAS can show an individual with a valid TS clearance while Scatted Castles may reflect a suspension or revocation action. Most agencies do not have access to both. A LOI/SOR is a Letter of Intent/Statement of Reasons. A letter that the adjudication facility (CAF) is required to send to the employee/applicant indicating WHY the CAF intends to deny/revoke the clearance eligibility and providing information on how the employee can submit a response. Another term is LOD (Letter of Determination) in which the CAF tells the employee the clearance was denied/revoked and how to appeal. Since this was an NSA action, I suggest your husband contact the NSA Freedom of Information office and request a copy of his complete investigation and adjudication files. Go on-line to NSA, then Public Information and Freedom of Information. This will provide you with a phone number and mailing address. Good luck.

Bill L. (Annapolis, MD) on July 6, 2010 at 9:46am


	LO (Virginia), Sorry for your situation. You need to find a company who is willing to sponsor you (a contingent letter of employment), add you to their JPAS roster (called PSM Net) and see you through the process. Until that happens, you are out of luck. Only by being sponsored, will DISCO/DOHA review your case and enter a clearance eligibility in JPAS. Good luck.

Bill L. (Annapolis, MD) on July 6, 2010 at 9:36am


	Mike (Louisiana), I do not know the dollar cut-off for DISCO to deny an interim clearance. Typically, delinquent debt over $3500 to looked at harder and requires additional investigation efforts (personal interview, etc). The point of being honest is that the credit report is conducted very quickly after the eQIP is received at OPM and probably before you get the first paycheck and pay the delinquent debts. This would result in a personal interview and implication of falsifying the eQIP. The college grads usually have their loans deferred for a period of time and technically are not delinquent. Lastly, not ALL contractors refuse to sponsor employees while the clearance process works. MY company does sponsor employees based on skills they possessed and skills needed for the contract. However, they are not paid until the clearance action is completed and they begin work. The offer of employment letter is contingent upon the employee obtaining (and maintaining) the required clearance eligibility. Good luck.

Bill L. (Annapolis, MD) on July 6, 2010 at 9:29am


	The SOR arrived! We are ready to respond. Thank you for providing a release to my nervious energy. Please feel free to delete my earlier post!

Still Hopeful (Virginia) on July 4, 2010 at 9:54pm


	I have been offered a job in Iraq that requires a secret clearance and my question is I have one 180 day,my house, delinquience that was when I lost my job but I sold my house. I had one over 90 day during the same period. I put down on my sf86 that I lost my job during this time and now my 90 day is paid off as well. I have one outstanding tax bill to pay to the state with less than 2000 dollars of outstanding debt,besides my home. My question is will these things effect my chances of getting a clearance? I've never been in trouble either.

lockit1 (Missouri) on July 4, 2010 at 2:30pm


	My employer told me that my clearance was denied on June 21, 2010. Here is the scenario: My employer told me that they probably wouldn't even take my application if I had illegal drugs within the year. I filled out the SF85 in April 2010. My year is up July 18, 2010. On my SF85, I put what I did but didn't tell the truth about when. Well I decided I wanted to tell the truth about everything and I told my investigator first and asked him what I need to do as far as telling the polygraph person. He told me to tell them when I did the illegal drugs. My clearance was denied and I haven't received my reason yet. I probably have 2 things against me 1) Falsifying documents 2) Drug use within the year. Am I never going to be able to get a top secret clearance ever? I was told that sometimes they don't even let you appeal. I haven't received my SOR. Am I able to apply for jobs with Public Trust? Should I just stay away from clearance jobs altogether?

Perry (Maryland) on July 3, 2010 at 7:22pm


	I am in the AF I had my clearance pulled for misuse of GTC card. Card is paid off. Can I expect my clearance to be reinstated I am still in the AF?

sekas (us) on June 30, 2010 at 2:01am


	I came across this site trying to find some advice or answers on what i need to do. I had a TOP SECRET clearance. Everything was cool. I was working at a helpdesk at the FBI Building in DC. Well I lost my job because I left my cell phone in my purse by mistake, in a very secure area called the SCIFF. That's where we worked, I was escorted out debriefed. I was told The FBI would not report me and they didn't want to ruin my clearance. Well the company I was working for, Tek Systems, went in and placed the incident report. This happened in March, I have been unemployed since march. I have had so many job offers but when everybody tries to take care of this clearance mix-up, no one is able to do so. Pretty much, My name comes up in red when you see it in JPAS. The incident report is there and people keep telling me that its pending. I was told if a new company would take me on a lost of jurisdiction would be placed and I would loose everything. I'm not military and the job i had to do to get that Top Secret Clearance was no joke. I worked hard for it. DSS wont tell me anything, and all these employers that have contacted me wont tell me anything either. I'm just curious as to if anyone knows how this can be resolved?? I'm about to loose my car, no place to live, and sure I could get a job at McDonalds or something that doesn't involve a clearance, but the money wont even be halfway close to what I was getting paid. Any comments are appreciated. Thanks

LO (Virginia) on June 28, 2010 at 10:28am


	Husband worked at company on non-cleared project while waiting for S.C. Husband's POC told him on May 1, 2010 that he was denied a security clearance (the decision was rendered on April 16, 2010). Husband's last date of employment was May 14, 2010. Before separation, husband had asked for "administrative leave pending s.c. adjudication" but company said they do not have such a classification and had to lay him off; however, POC says that company will keep husband on the security clearance roster unil next audit (which is April 2011) so without POC's removal of husband from list, adjudication authority should retain jurisdiction and continue to proceed. As of June 28, 2010, husband still has not received his LOI/SOR. Naturally, despite what the POC said (and we believe he is genuine), we are worried that we are waiting in vain, and the LOI/SOR will never be issued to do loss of jurisdiction/job. Husband also asked company if would write a new offer letter which states conditional employment within 30 days pending security clearance. No answer yet. Note that DOHA does not have jurisdiction because in-house NSA affair. POC told this to husband, and I verified with DOHA that they do not have his case (so information regarding adjudication/loss of jurisdiction is not in JPASS but rather in "Scattered Castles"). POC has access to jpass but does not have access to scattered castles. We thought of contacting our senator but don't want to highlight husband's loss of employment since company is sticking neck out for him. Do you think this will work? Where in the heck is the LOI/SOR? Any thoughts appreciated!

Still Hopeful (Virginia) on June 27, 2010 at 2:29pm


	Thanks for your reply William. I read somewhere that if you have debt over $3500.00 listed on the SF86, that you will get an auto denial. Is this true? I listed all of my debt, and it totaled more than $3500.00. I explained everything and even attached paperwork to back up my answers. I was told not to lie, and that telling the truth is the best answer. However, if you get an auto denial based on a dollar amount total, then what is the point? I could easily have not told the truth, got the job, and then paid the debt off after one paycheck. It makes no damn sense at all to exclude people from jobs like this. What about the all of the college students who have large college loans? Are they always going to be excluded from getting Interim Clearances which in effect excludes them from getting a job as a Contractor? Every Government Contractor I have worked for, or worked with will WILL NOT sponsor their employees for clearances. They claim that they cannot pay you while they wait for you clearance to go though.

Mike (Louisiana) on June 27, 2010 at 8:48am


	Mike (Louisiana), I am very sorry for your situation and I can assure you that you are not alone as I have personnel in my company with similar situations. However, I agree with William Henderson (who provides a great service on this site)� this was not a lazy investigator hosing up the works. As a retired adjudicator and currently a contractor Security Officer (SO), I can easily envision how your investigation went. Your old SO submitted the PR, it showed �scheduled� in JPAS (meaning it was open at OPM), your TS access was continued, and told you everything was fine. You left employment and returned to college. When the investigator showed up at your old company to verify employment and speak with co-workers, the investigator was told you were no longer employed, probably verified by HR or the SO. OPM queried DISCO who checked JPAS and you were not listed as a current employee in DOD (military, civilian, contractor, etc) and the OPM case was cancelled. DISCO then entered a �Loss of Jurisdiction�. The interim denial should have been based primarily on the info you entered on your eQIP and this decision can not be appealed. The only thing you can do is go through the complete process until a final clearance determination is made. Wish I had better info/advice for you. Good luck.

Bill L. (Annapolis, MD) on June 24, 2010 at 9:15am


	Mike (Louisiana): Bill L., who gives his time so generously (for free) answering questions here, and I are both retired government employees. Bill L. is a retired personnel security adjudicator and I am a retired investigator. Two years ago most Periodic Reinvestigations took a year or more to complete. This was not because of any lazy investigators. It was because there was a large backlog of cases and PRs had the lowest priority. If you were denied an interim clearance, it is because your case contains potentially disqualifying information. The granting or denying of interim and final clearances must be based on adjudicative standards, not on personal considerations. Unfortunately your former security officer misinformed you regarding the status of your PR and at this point there is nothing that can be done to fix your security clearance problem, except go through the entire process for a final clearance.

William Henderson on June 23, 2010 at 11:21am


	Tiff (Hawaii): Your description of your situation suggests that there were 2 issues resulted in your clearance denial/revocation: drug involvement and falsification�falsification because you indicated that your past drug use only came up during a polygraph exam. Experimental use of marijuana can be mitigated after about 6 months to a year of abstinence from illegal drug use and a stated intention not to use drugs in the future. Experimental use of other drugs takes 2 years of abstinence. These are suggested minimum periods of abstinence and other factors will influence the period of abstinence required (such as your age at the time of illegal drug use, change in environment, change in live style, and disassociation with drug using friends and associates). The falsification issue is more complicated and can only be evaluated within the context it occurred. You must find a company or federal agency to sponsor a new clearance for you. You will then have to submit a request to the clearance granting authority for permission to reapply for a clearance. If permission is granted, you will submit a security clearance application the same as any other applicant for a new clearance. I believe your chance of getting an interim clearance is poor to none.

William Henderson on June 23, 2010 at 10:49am


	Worried (DC), First of all, don�t worry. The SF 85P for Public Trust Positions (PTP) is submitted in hard copy, not via JPAS, so the denial entry in JPAS should not stop the process. The previous investigation and clearance denial may be included in the analysis of your assignment to a PTP. Please note that the SF 85P, Item 18, asks about prior investigations and security clearance actions (denial), so answer these questions honestly. Many PTP investigations are conducted for issuance of Common Access Cards (CAC) or for access to Government IT systems. Good luck.

Bill L. (Annapolis, MD) on June 22, 2010 at 8:14am


	Worried (DC): JPAS has some glitches. When JPAS won�t allow the initiation of a new investigation because of a recent previous investigation, there are workarounds that a competent security officer knows. When necessary someone at DISCO can fix the problem. There is no rule that prevents a person from applying for a Public Trust position even if they have recently been denied a security clearance. This is because a person could have been denied a security clearance due to (for example) a foreign financial investment, which would have no relevance to 99% of all Public Trust positions.

William Henderson on June 22, 2010 at 2:12am


	Well, if there was ever a time to lose faith in my government to do the right thing, it took a turn for the worse today. I was in the Air Force for four years, received my Top Secret Clearance while on active duty. I served my country for four years, and received an honorable discharge. I then worked as a contractor for 4 years on classified projects and contractors. Not ONCE, was I ever tempted or even considered breaking my trust to the government. I love the USA. Now comes the time when all the stupid stuff started. I was employed and using my Security Clearance when it came time for my review. I completed all the paperwork and waited for the results. One year after the investigation was started; I took the opportunity to go back to college. But FIRST, I wanted to check and make sure my clearance was updated. I was TOLD that it was, and I would be good to go, so long as I went back to work within two years. So I went back to college to work on another college degree with the sole intention of busting my ass, getting it done in two years, and then going back to work before my time elapsed. All was going well, finished my college and found myself eager to go back to work for the government with my newly acquired education. I interviewed for my dream job, the company liked me and wanted to hire me. I submitted all of the paperwork, and completed several interviews. The job was overseas, so I packed up all of my belongings, put them in storage, and with what little money I had saved up from my part-time college job, I bought my way out of my lease. I was then crashing at friends and family houses, bouncing around between from one to the other. I even gave up my dog that I had for 6 years, because I thought I was going to move overseas. I was three days away from getting on a plane, when I got the bad news. My Security Clearance had a �Loss of Jurisdiction�. I had no idea what this was, so I looked it up. It seems that the lazy ass investigators had ONE YEAR to complete the investigation and never did. I was even TOLD by security officer that everything looked good in JPAS. This was one of the main factors in my decision to leave my job and go back to school. So the plane ticket gets recalled and I am told to fill out paperwork to reinstate my clearance. PHEW! At least the company will sponsor me to get my clearance again, everything is looking good. I completed the E-QUIP paperwork in record time, because I keep detailed notes about myself just for this reason. A few changes were made, and then the application got submitted. So I waited�.about two days. INTERIM DENIED�.DISCO decided that I should be denied my Interim Clearance which in effect causes me to lose my job offer and sit around scratching my head wondering how in the world it came to this. I write all of this while sitting at the local library, everything I own is in storage, I no longer have my dog, bills are piling up, and I am not sure when I am going to sleep tonight. On top of this, I borrowed some money from a family member; just enough to allow me to get started at my new job, and that is all have to my name. Remember when I said I went back to school? I was living on a shoestring budget and was planning to go back to work as soon as the semester was over. All of this would have worked out, and I would have received my nice sign on bonus, had this Security Clearance not been an issue. I wonder if DISCO considers situations such as this when they take their time and so casually deny Interim Clearances. This government office in Ohio holds the very keys to my livelihood and future in their hands, and I bet they do not give two shits, but they are just government employees who get paid regardless if they destroy people�s lives or not. I have no idea what to do now� any suggestions would help. I have over 15 years of Classified IT experience, and I think a change in career would be pointless at this point. I do not even have the money to move another city at this point. Please Help!

Mike (Louisiana) on June 21, 2010 at 7:17pm


	My clearance got revoked/denied by final appeal in 2008. It had ended up getting revoked because I admitted to trying an illegal substance once in a polygraph in 2006 (which resulted in the revoke 2008). I am not a drug user nor have I abused them. In the final decision the only thing that could mitigate the drug use was the passage of time, my question is what is the time line and how do or would I find a sponsor for appealing my clearance? Also would I be able to get an interm or would I have to go through a complete investigation if I found an employer whom was interested in hiring me? Thanks so much.

Tiff (Hawaii) on June 18, 2010 at 1:21am


	I was denied a secret clearance last year in Aug 09. I left my job and started working somewhere else. I have received and began working for another contractor a few days ago and was told the position didn't require a security clearance. Two days at my new job, i was asked to fill out the SF85P for public trust. Will my previous denial prevent me from applying since my year isn't up yet? I've heard that JPAS won't allow an investigation to be performed on me since it will show denied under my file. But I have also heard that the two different types of investigations have no bearing on each other. Please Help..

Worried (DC) on June 17, 2010 at 9:24am


	uday, Its now been 7 weeks and I have yet received a letter. My company has let me go because of this. The unknown has killed my future with them. I had to file for unemployment. What ever they are doing down there, they messed up. I am moving on, but I will fulfill my goal on fixing this. Good luck with you.

AL on June 2, 2010 at 5:59pm


	William, Thanks for your input. DOHS:==DHS. I was with SBA team working on DHS project, nothing to do with DHS-HQ. The DHS security personnel told me that OPM did my investigation. I heard from another source that OPM takes 4-6 weeks to respond to my request of findings report under PA. I hope to work with OPM to get it corrected. I am told by an attorney that I was found "unsuitable" which is not same as "denied"; therefore I can apply for similar jobs; but have to wait 1 year for DHS projects which is I am trying to confirm this. Per advise, I do plan to request the adjudicative files from DHS, get with OPM to correct any errors in their reports, then ask DHS to reconsider your case. You also gave a good idea to get my congressman involved and read your article. As reference, this was a good ref. material for me. http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_09-65_May09.pdf

uday (virginia) on June 2, 2010 at 1:38pm


	Uday (virginia): By DOHS, I assume you mean the Department of Homeland Security (DHS). OPM only does a portion of DHS background investigations. DHS-HQ, USSS, USCG, CBP, and ICE do their own (or contract out their own) background investigations. I heard that OPM responds to Privacy Act requests in about a month or two. I don�t know about DHS. If OPM did your investigation, they will only provide a copy of the investigation. If the OPM file contains erroneous information of a relevant and material nature, you will have to deal with OPM to get it corrected. You will have to request the adjudicative files from DHS. Once you have gotten OPM to correct any errors in their reports, then you will have to ask DHS to reconsider your case. Any rebuttal or appeal of DHS�s unsuitability finding will have to be made to DHS, because OPM was not involved in the decision to deny you a Public Trust position. There is no overarching federal regulation that creates a right for a contractor to appeal an adverse Public Trust determination. So, unless DHS has its own regulation that allows an appeal, there will not be a procedure you can follow. If OPM actually made a mistake, you may need to get your congressman involved. I am not aware of any time restriction on reapplying for a Public Trust position. See my article on �Employment Suitability Versus Security Clearances� for information on the differences in these 2 programs.

William Henderson on June 1, 2010 at 1:18am


	I too have been exposed the horror of being denied a public trust security clearance after working onsite and passing the initial phase 4 months back. The investigation was done by OPM on behalf of DOHS. I received an anonymous letter dated May 5th from DOHS saying they found me �unsuitable for assignment as a contract employee� with them. After many calls at DOHS and OPM, I finally traced down how to receive the BG investigation finding report under the privacy act. A signed letter was faxed on May 13 requesting the findings report; which I have yet to receive it. Questions: 1)how long will it take to BG investigation findings report to arrive in mail? 2)Once I identify their findings to be inaccurate (I am 100% sure), what is process of appealing it? I am told I cannot appeal with DOHS since it was done by OPM. 3)Since I may also have to correct the inaccuracy at source, once done, how long before I can apply for jobs that require public trust again? Any other advise would be appreciated. Thanks.

uday (virginia) on May 26, 2010 at 10:18am


	Thanks Bill. L. I was told that I have a week to figure this out. Tonight I am told 4 to 6 weeks for my LOI. But when my poc at work told me 3 weeks. Still nothing. This is a very dysfunctional system. If you want to hear the details please email me. I guess this is the way they treat a 20 year vet. AL

AL on May 18, 2010 at 9:39pm


	AL, You are entitled to a copy of your investigative and adjudicative files through the Freedom of Information Act (FOIA) of 1974. You should send a signed request to the FOIA office that services the adjudication facility that denied the clearance eligibility. If you are a contractor, go to the DOHA website (www.dod.gov/dodgc/doha/) and to FOIA. If you were denied by a military service, go to their website for the address (e.g., for Army, go to www.inscom.army.mil and to FOIA). The FOIA office must provide you with documents or an interim response within (I believe) 45 days. This will give you a copy of the LOI and final denial memorandum and a starting point to appeal the decision. Good luck.

Bill L. (Annapolis, MD) on May 18, 2010 at 12:15pm


	Shiver, Catch-22 applies in your case. If you admit the marijuana use on your SF 86/eQIP, your employing agency will probably deny the clearance/employment. If you fail to admit it, it may be discovered via interviews with friends/associates or you may admit it yourself during an interview or possibly polygraph process. Then you will be denied clearance/employment for falsifying documents. It is possible for you to deny use on the forms and eventually get a clearance, but I always urge people to be honest when completing forms. The lies are what can bite you in the butt later on. However, the �policy� of no marijuana use within the past 3 years seems overly strict unless it is for a special assignment/duty, like nuclear surety. Good luck.

Bill L. (Annapolis, MD) on May 18, 2010 at 12:08pm


	Is your command allowed to keep what their endorsement letter says from you? Today, my security manager brought back my statement for me to sign so that it can be faxed, but when I asked about the commands endorsement, was told that "they said if you asked that I could not tell you'? Is that legal to do?

Tanya (San Diego) on May 17, 2010 at 7:11pm


	If I don't get a LOI, is there a POC phone number to call? I got through all of the process, thought I was good to go. Them my security called me to tell me, nope you have been denied. I have nothing in my back ground, no records, no jail time, not anything. So I am at lost of why. Its been three weeks, and nothing. Can I get a poc phone number?

AL on May 17, 2010 at 8:23am


	I am applying to an agency that requires a top security clearance. The policy is no marijuana "use" withing the past 3 years. My story is as follows, 6 month ago as I was poking fun at my relatives for smoking marijuana, I "tasted" some, inhaled one to two puffs as an amusement. After I did I told them they can have it that crap and walked away. I was 44 then and the only other time I ever inhaled it was once when I was 24. Should I be concerned about this recent incident, in no way do I pose any type of security concern.

Shiver on May 16, 2010 at 5:08pm


	Anonymous, Revoking your interim or final clearance based on your scenario seems very hard to me, unless you told the investigator that you deliberately falsified your forms. In any event, appealing an interim clearance is not possible. If your final clearance is being denied, you will be provided a memorandum (called a Statement of Reasons � SOR) from the appropriate adjudication facility indicating exactly why they are proposing the action and you will be offered an opportunity to provide a response. Your employing security manager is the point of contact for any such action as they will receive the SOR and have you sign a receipt for it, as well as providing you instructions/assistance on preparing your response. If your Security Manager is ambivalent in helping you, I suggest you contact an attorney in your area who has experience in national security or security clearance law for help. Good luck.

Bill L. (Annapolis, MD) on May 6, 2010 at 9:58am


	Hello, I would like to know if I was given an interim clearance with the DOD 10/08 for a permanent position. I had gotten in some trouble back in 2003 for personal possession of marijuana and successfully completed probation. However when I completed my SF-86 and SF-306 I inadvertently did not show that situation on the forms. In the process of obtaining the clearance I met with the investigator who inquired about this charge. I explained to her what happened and how I was confused when filling out the forms and thought I didn't need to show it and me being new to the Federal Gov. She stated okay she would notate everything and they continued to process my clearance. And then when my one year was just about up I was informed that the interim was being revoked. With all that being said in the near future will I be eligible now to obtain a clearance? If not how long if ever? Thank-you!

Anonymous on April 27, 2010 at 12:11pm


	Carin (NC): There is no mechanism for "contesting" a clearance denial that occurred in 1998. You will have to request permission to reapply for a clearance, but you will need a sponsor first. You will have to supply all the information regarding your 1998 denial, so you need to make a Privacy Act Request to the military service's Central Adjudication Facility. It's probably a good idea to make a PA request to DSS for your investigative file also.

William Henderson on April 24, 2010 at 1:25am


	CM (Washington): No, it's not an SOR or LOI. My guess is the OPM did not expand your NACLC investigation because the aggregate past due amount on the debt(s) was less than $3500 at the time or no single delinquency exceeded $1000. DOHA can take interim actions (before deciding whether or not to issue an SOR) when it needs more information: 1. Return to case to OPM for further investigation. 2. Propound written interrogatories to the applicant or other persons with relevant information. 3. Require the applicant to undergo psychological evaluation. 4. Interview the applicant. Sounds like DOHA chose #2.

William Henderson on April 24, 2010 at 1:13am


	Hi, I'm a little confused about the different terms used. I have been working for the DoD for almost a year and a half and my position requires a secret clearance. My security officer has informed me that there is an issue in receiving my clearance because of debt and DOHA is requiring me to submit a personal financial statement. I have 3600 in debt as a result of a divorce, that is over at least 2 years old. Is this the same as getting and SOR or LOI? I'm a single parent and can't afford to be out of work so I'm concerned that maybe I should start looking for another job. Thank you in advance for any advice you can offer.

CM (Washingtion) on April 22, 2010 at 10:44pm


	In 1998 I was denied a TS/SCI from the military due to fraudulent enlistment on medical terms. I continued serving in the military for seven years and received an honorable discharge. At the initial denial, I did not fully submit a rebuttal, and instead took a reclassification that did not require a clearance. Currently I am applying for government positions that require a standard Secret security clearance, but am afraid that my previous denial will be an obstacle. Most background checks specifically ask if you have ever been denied a clearance. Once this is checked I am under the impression that almost all paperwork stops. I would like to try and contest my denial to see if that may actually help my scenario. Any advice would be greatly appreciated. Regards, Carin

Carin (NC) on April 22, 2010 at 8:14pm


	Hello, I would like to know if I would know if I was given an interim clearance with the DOD 10/08 for a permanent position. I had gotten in some trouble back in 2003 for personal possession of marijuana and successfully completed probation. However when I completed my SF-86 and SF-306 I inadvertently did not show that situation on the forms. In the process of obtaining the clearance I met with the investigator who inquired about this charge. I explained to her what happened and how I was confused when filling out the forms and thought I didn't need to show it and me being new to the Federal Gov. She stated okay she would notate everything and they continued to process my clearance. And then when my one year was just about I was informed that the interim was being revoked. With all that being said in the near future will I be eligible now to obtain a clearance? If not how long if ever? Thank-you!

AW (MD) on April 22, 2010 at 2:39pm


	Bud/s Applicant, Since you paid these debts, they should not be a problem in your clearance eligibility being granted. Good luck.

Bill L. (Annapolis, MD) on April 22, 2010 at 10:16am


	In order to be accepted into the Navy Seal program i must have a secret level clearance. I graduated high school one year ago and during the summer i got a gym member ship that i became delinquent on after i went to college and just recently paid it off. I also had a rent to own t.v. repossessed which i payed off completely afterwards. None of these showed up on my credit report. Are these grounds for denial?

bud/s applicant (arkansas) on April 21, 2010 at 2:51pm


	Tony B (NC), I remain confused about your situation, but your note opens some ideas to expand on. First, although JPAS is �The System of Record� for DoD clearance actions, not everything is recorded in JPAS. For instance, CCF requesting the SF 86 is not documented. However, if you sent an FOIA request to the Army�s FOIA at Fort Meade, you should have been provided a copy of ANY correspondence CCF sent to you. Even classified documents are reviewed and sanitized prior to release. Next eQIP � for DoD, eQIP passes through JPAS and all personal identifying data (name, ssn, date/place of birth) must be identical. For example, I misspelled a contractor�s name when I entered it into JPAS and eQIP would not allow him access until I corrected it. For military and civilian personnel, that info comes from other sources as a data load and no one has direct access to correct it. Non-DoD agencies use eQIP as a direct link to OPM and the exactness is not as much of an issue. DoD is allegedly going that route this Fall. (Thank you somebody!!) Next � reciprocity. In theory, if you are granted a clearance eligibility by any US government agency, it should be accepted by any other US government agency, unless you were granted with an exception, waiver or warning. The �waiver� allows any government adjudication facility to re-look at your eligibility; ergo the SF 86. This is normal for the intel agencies, but very rare for secret or top secret decisions. Personally, unless your spouse�s origin was one of the countries of particular interest to counter-intel guys, reciprocity should have worked, apparently it did for DISCO. Finally, investigative scope is dictated by Executive Order and various instructions from the Under Secretary of Defense. If your PR was not properly scoped in 2006, then your old agency was at fault. Again, investigations by certain intel agencies usually exceed the required scope and should be accepted by non-intel agencies. Anyway, I am sorry for your situation. Good luck.

Bill L. (Annapolis, MD) on April 13, 2010 at 11:48am


	Bill, As I mentioned in early March I intended to follow up with the FOIA act and subsequently requested all information and correspondence related to the transfer and adjudication of my SC. I was pleasantly surprised when in less than 30 days I received a response. Now for the good part, the only information that they provided was my security clearance information related to my previous military career (ets 1992), citing that this information was the only information in JPAS - which was more than 25 years ago. There was no mention of data related to the current adjudication or transfer of clearance (2009). This process has seemed to be a little less than transparent, especially when I have hard copies of several documents that were sent to me by Army CCF that were not included as part of the FOIA. I also know for a fact, that an FSO with appropriate level of access looked into JPAS for me and provided copies of information that was not returned in the FOIA. Have you heard of anything like this? I am perplexed by the whole process. For instance: 1. Not allowed to use "eQuip" to enter my personal data - was told to use only paper SF-86. When I asked why could not use "eQuip" as it was already fully populated with my personal data and would make things easier for me - I was told that there was no data in my "eQuip" under my name/SSN. This statement was not true as recently I gained access to "eQuip" in order to update my data for an update to my TS for another agency - all data was there from my last PR in 2006 - making the update painless. On another note when I called my previous agency and told them that DoD said that my "eQuip" account did not have any data - they went in and told me that it was all there except my yes/no answers. 2. Did not reciprocate my then current and active TS from a previous agency. Citing that my agency had granted a waiver (waiver was based on being married to a naturalized US citizen) and they were not bound to honor the clearance. Prior to this I had been told they would not accept my clearance because my previous agency did not use the same scope as DoD. Concurrently, DISCO adjudicated continued access to TS based on the same transferred TS files and investigation - but as you know DACS are adjudicated through ACCF. Anyhow - I have appreciated your responses and all the information that you have provided. I am left speechless and dumbfounded not to mention that I submitted my paper sf-86 mid October for a Secret clearance and still have not heard anything from anyone that counts. thanks Tony

Tony B (NC) on April 10, 2010 at 6:18am


	Quick Clarification (Aberdeen, MD): Almost any unfavorable information listed on eQIP can be mitigated, particularly low-level, recreational use of drugs that is not recent). For collateral security clearances there is only one condition that will always result in the denial of a clearance�being a current drug user. See my article on Drug Involvement and Security Clearances for more information on this issue. It is posted at http://www.clearancejobs.com/defense-news/79/drug-involvement-and-security-clearances

William Henderson on April 9, 2010 at 7:12pm


	Just a quick question about the clearance process / above article- If an applicant admits to drug use on the E-QIP form and answers questions from the investigator etc...will it automatically result in the applicant receiving a LOI or does some prior drug use not require a LOI because conditions that mitigate security concerns were explained in the interview (ie-length of time since last use and intent not to use again)? These articles are great...Thanks for the help!!

Quick Clarification (Aberdeen, MD) on April 8, 2010 at 1:52am


	Latisha (AR), Sounds like whoever is advising you is confused. The terms SOR and LOI are basically the same thing. The LOI stands for Letter of Intent to deny or revoke security clearance and is basically a transmittal document explaining what is happening and providing procedures. The SOR stands for Statement of Reasons and is normally an enclosure to the LOI, indicating specifically why your clearance is being denied/revoked. Anyway, if your clearance was denied, you need to submit a request for reconsideration memorandum, through your chain of command. You should address everything that was included in the original LOI/SOR, including detailed explanation of the credit accounts listed and proof that you have resolved them or are paying on them. A copy of your current credit report could help and current statements from any creditor you are paying. The DoD Personnel Security regulations/directives are extremely antiquated, having been printed 20+ years ago, and have been under revision for 10+ years. The AR 380-67 has not been kept up with changes issues by DoD. Good luck.

Bill L. (Annapolis, MD) on April 6, 2010 at 10:16am


	Kevin (FL), I would like to expand on Bill H�s comments. If you only asked for a copy of the SOR, the request may go to the Army�s Freedom of Information Act (FOIA) office, also located at Fort Meade. FOIA has 30 days to issue at least an interim response. Sometimes the interim response is that due to their backlog, it may take x months to provide your record. They are currently backlogged in some areas. When you get the SOR, make sure all credit accounts cited in the SOR are covered on the new credit report. If not, you may need to get a letter from the companies not listed that your account is current, paid, etc. I suggest you consult with your chain of command to ensure they will support a request for reconsideration. Though not required, a favorable endorsement from your command is always a positive. Also make sure you address each item listed on the SOR, including whether you failed to list bad credit on your SF 86/eQIP, whether you failed to meet with investigators or failed to requests for information from CCF. Include a copy of your credit report with your request. CCF has the ability to conduct a current credit report to verify what you are stating in your request for reconsideration. Good luck.

Bill L. (Annapolis, MD) on April 1, 2010 at 9:10am


	I was denied a Security Clearance based on my credit report and I got the copy of my SOR and sent back in the she signed and now they're telling me I need to write a LOI to get my clearance back. Well the problem is I don't know how to write one I did do a rebuttal and sent it in but i need help on getting the LOI started and no one knows how to write one. They sent me the AR 380 but it doesn't really explain anything. So I need a example of one so I can get started and have it done by Friday. If you could please help i would greatly appreciate it. Thank you in advance for your help. V/R Latisha

Latisha (Arkansas) on April 1, 2010 at 12:15am


	Kevin (Port St Lucie, FL): Sorry, but as far as I know there is no timeline for your type of request, and I doubt if any agency (including Army CCF) keeps track of how long it takes process a request like yours. Once you are allow to apply for a clearance, the average end-to-end processing time for the fastest 90% of TS clearances is about 4 months (about 2.5 months for a Secret/Confidential clearance). Because of your past financial problems, your clearance may take longer than the average.

William Henderson on March 30, 2010 at 10:43pm


	Big D (el paso texas): The numbers in the article are for national security clearances processed by the Defense Office of Hearing and Appeals; they are not for Public Trust positions. There is no overarching federal regulation that requires agencies to allow contractor personnel to appeal an adverse suitability determination for a Public Trust position. Some federal agencies have internal policies that permit contractors submit an appeal. There are no statistics available on the success rate of such appeals for any federal agency.

William Henderson on March 30, 2010 at 10:30pm


	I was denied a clearance back in 2006 due to horrible credit...now I have all debts paid off, some of my credit cards have high balances, but none in the past 3 years have I ever even been late on. My FICO score is over 700 now and I have paid off ALL of my collection accounts. I had a judgment for 10,600 three years ago that is also paid off and shows as paid in my credit report. I did not receive my SOR and now I need a clearance. I sent the letter to receive the SOR to initiate a request for reconsideration and as far as they told me, credit was the only reason they denied me...I requested the SOR a week ago, still not in hand yet...how long can I expect until I receive it and how long until this whole process clears me as at least eligible for a clearance? Also, how long until this whole process is complete and I receive word on whether or not I will be granted a clearance? I am a Staff Sergeant in the Army. Thanks.

Kevin (Port St Lucie, FL) on March 28, 2010 at 10:14pm


	Interim Denial, Generally, DISCO only reviews the eQIP/SF 86 before they make an interim clearance determination. The final decision will include results of the investigation, including police and court checks verifying the legal outcomes of the charges. Your last criminal allegation was over 1 year ago, and your last serious criminal allegation was 6+ years. Barring any other issue, in my opinion, your history should not result in a final clearance denial.

Bill L. (Annapolis, MD) on March 24, 2010 at 1:44pm


	I was denied an MRPT (moderate risk - public trust) clearance to work in Afghanistan and have yet to receive a reason why. I have heard of appealing the decision, and when I finally get notification on the decision I plan to. My question is, is it really worth the appeal, if they reject and confirm so many of the decisions in the first place? I'm guessing that my credit history was probably to blame, however I have a credit service that wrote a letter which I provided to the investigator, saying that items were being removed from my credit that was placed their without my knowing. The investigator told me that was a blanket letter. I had an arrest for assault that was dismissed. You know I could understand someone who spends time in Russia, or China on a regular basis getting rejected, but a regular joe that just wants to work and provide for his family. I was a police officer for 6 years, never once took a bribe, never once was disciplined. Anyone want to tell me if Its worth appealing. Thanks all.

Big D (el paso texas) on March 20, 2010 at 4:38pm


	Bill: I was extended an offer of employment earlier this month. I submitted my SF86 this past Monday (March 15th) in order to obtain an interim secret security clearance. I have just been informed by my soon-to-be boss (hopefully) that DISCO could not grant an interim secret and will have to perform a full investigation, which apparently takes 2-3 months. The only issue I foresaw (and now foresee) was my police record, which I answered truthfully to in Section 22. 1) Petit Larceny (Shoplifting) (February 2009): Nolle Prosequi/Dismissal - One charge was dropped and the other dismissed after completing deferred sentence. 2) Minor in Possession of Beer (March 2006): Charge was dismissed upon completing an eight (8) hour alcohol/drug education class. 3) Breaking & Entering, Grand Larceny (December 2003): Took a family friend's car without permission when I was a teenager (Age 16). All charges were dismissed. --------------------------------------------------------------------------- It is obvious I have made a couple mistakes at my young age, but I have followed and completed all judgments, and learned from both. There are absolutely NO other mitigating circumstances (Past employment record clean, No military background, Sections 19-21 & 23-29 all answered "No"...the list could go on). With your experience and knowledge, what are my chances of receiving a final secret security clearance? Is there any other advice you could give me? Thank you so much in advance.

Interim Denial on March 19, 2010 at 10:00am


	Tia (Colorado Springs), If you submitted the FOIA request to the Army, you should get ALL files used in adjudicating your case, not just the SF 86. If an SOR was issued, you should have received a copy and been required to sign an acknowledgement. If an SOR was issued and you never received it, you should submit another FOIA request and ask for ALL files involved in the investigation and adjudication of your clearance eligibility. Good luck.

Bill L. (Annapolis, MD) on March 18, 2010 at 9:34am


	Hi, First I'd like to say thank you for the great article. I am now clear on this process. I submitted an FOIA request for my SF86 on 3-14-10, but not knowing the full details, I did not request an SOR. I understand I need this document to go forward with my appeal. Will I horribly confuse everyone if I submit another FOIA asking for the SOR? Also, is there anything else I need to request? Thank you for your time. Best regards, Tia

Tia (colorado springs) on March 16, 2010 at 4:40am


	Bill, Thanks the saga continues. Today our security manager stated that he had confirmation that the paper copy SF-86 was received this week at OPM and that they will make the final determination on my clearance. I tried to explain that OPM conducts the investigation and does not do the adjudication. Oh well, at least my previous agency had folks that knew how to do their job. I intend to follow your advice and send a freedom of information act request today. Thanks Tony

Tony (NC) on March 5, 2010 at 2:17pm


	Jerry (New York): No. On the SF86 it asks for the amount of the foreign investment. If it is a sizeable amount, then they will want to know what this represents as a percentage of your net worth. Small foreign investments usually don�t present any potential for �conflict of interest� or �foreign exploitation.�

William Henderson on March 4, 2010 at 1:49pm


	M. Brown: Sometimes there is a big delay between the date of the incident report and the date AFCAF gets around to reviewing the report. Of course it is possible that your ANG unit did not submit the incident report for several months after you separated. A total delay of 20 months seems like a very long time, but it is possible given the horrendous backlog of cases that existed back in 2004 thru 2006.

William Henderson on March 4, 2010 at 1:40pm


	Jerry (NY), As long as this is a hobby and not a primary source of income, you have nothing to worry about.

Bill L. (Annapolis, MD) on March 4, 2010 at 12:23pm


	Tony (NC), I recall the situation. My confusion continues. CCF is an adjudication facility and is prohibited from conducting investigations on their own. Only OPM would do personnel security investigations (except for personnel assigned to �intel agencies�), including obtaining copies of investigation from other agencies (FBI, DIA, etc) and OPM requires eQIP. As I recall the Intel Reform Act of 2004, 90% of personnel security investigations are supposed to be completed within 40 days and 90% of adjudication determinations are supposed to be completed within 20 days. That leaves 10% for whatever it takes. I would be very interested in hearing to outcome of your situation. I hope you keep me posted. Good luck.

Bill L. (Annapolis, MD) on March 4, 2010 at 12:22pm


	I applied for a top secret and trade individual stocks as a hobby. Some of penny stocks I've purchased, the companies were from China. The dollars amount is really low. Should I be worried?

Jerry (New York) on March 3, 2010 at 5:00pm


	Bill, I wrote several months back with regards my TS not transferring to DoA and CCF asking that I complete a paper copy SF-86 going back 7 years. I did this and submitted this document as requested. Today I was told by our unit security manager, that the status has not changed yet - but CCF was going to investigate my past contacts and many foreign postings from my previous agency. I thought OPM conducted the investigations now days? If so, this might explain why they would not allow me to use eQuip to do my SC update as that would been flagged by OPM and start a new investigation. Your insight would be greatly appreciated. thanks tony

Tony (NC) on March 1, 2010 at 3:30pm


	I was separated for the ANG for Unsatisfactory participation and received a General Discharge Under Honorable Conditions with the eligiblity to reenlist. I guess that I am confused about the dates that show in JPAS. The dates do not match my separation date. Thanks.

M Brown (VA) on March 1, 2010 at 1:11pm


	M. Brown: Your JPAS record is not going to affect your eligibility for a security clearance; it�s your past conduct that will affect your eligibility. What caused the incident report? Why did you separate from the ANG? Was there disciplinary action involved? How was your discharge characterized?

William Henderson on February 28, 2010 at 9:43pm


	William: I had an friend with access to JPAS pull up my information, here is what it states: Investigation Summary SSBI from DSS, Opened: 1998 05 11 Closed 1998 05 11 Adjudication Summary Incident Report Adjudication of SSBI DSS, Opened 1998 05 11,Closed 1998 05 11, determined Eligibility of Loss of Jurisdiction on 2006 05 04 AFCAF PSI Adjudication of SSBI DSS, Opened 1998 05 11, Closed 1998 05 11, determined Eligibility of SCI - DCID 6/4 on 1998 06 01 AFCAF I separated for the ANG on 9/11/04. Would the Incident Report pertain to my separation? I'm trying to determine if this will have a negative effect on my chances of getting a security clearance with the Air Force as a civilian. Thanks. M Brown

M Brown (VA) on February 26, 2010 at 2:01pm


	Benny Palmer: I think you need to sit back, wait and see what happens. It sounds to me like you were declined an interim clearance, which is not the same as a clearance denial. If the contractor who sponsored your clearance withdraws the conditional offer of employment before a final clearance determination is made, the contractor must also stop your clearance processing. So there will be no clearance denial to appeal nor will you have a clearance to shop somewhere else.

William Henderson on February 18, 2010 at 6:33pm


	Thanks for the response Williams... So my investigation started (turning sf86) 12/7 took, my poly like 1/7, had my security interview on maybe 1/14. Told my security clearance was denied by Security officer on 1/23, after I called in to ask about my poly exam results... But I still received calls from investigator after being told my clearance was denied, and my friends, employers, and teachers were still being interviewed after all this. Thing I really want to get this SOR to see what in the world happened.. Seems like there is no way I check on the status or anything... And the security officer seem clueless... Also if I appeal this denial, and they give me the clearance... What happens if the contractor that was going to hire me has move on?? Do I still keep the clearance, and I can apply for other positions??

Benny Palmer (MD) on February 16, 2010 at 10:25pm


	Benny Palmer: A clearance can not be denied before the investigation is completed and adjudicated. If it is denied, you will be sent a �Statement of Reasons�SOR� and given the opportunity to submit a written rebuttal. Cases that result in a clearance denial usually take much longer to adjudicate than most cases. It could take up to several months after the investigation is completed. A large percentage of SOR rebuttals result in the granting of a clearance, so yes, the rebuttals are carefully considered. Any relevant and material information you disclose is taken into consideration during your clearance adjudication. Clearance lawyers can make the difference between a successful and an unsuccessful SOR rebuttal and/or appeal. Whether a lawyer is necessary depends on the seriousness of the issues and the applicant�s knowledge and ability to represent himself.

William Henderson (Pacific Grove, CA) on February 15, 2010 at 2:13pm


	I was going thru my clearance for my TS/SCI W/ Full Poly. I was told by the Security officer that I was denied my clearance by the federal govt. Of course I asked why, but the officer had no answers. She explained that the gov't would send me reasonings behind the denial, and would give me an opportunity to appeal if necessary. Thing is after being told this, the background investigator was still interviewing my references for the clearances a couple weeks after I was told I was denied... If the investigations was not complete, how can they deny?? I'm a little confused about that... My real questions is it's been over a month since I was told that my clearance was denied, but I have yet to receive a Statement of Reasons... Does anyone know how long on average it takes to receive the statement of reasons?? I feel it has to be some type of misunderstanding, I hear I can appeal... Now if I can explain, or properly refute the denial, do these appeal officers really hear me out, or would it be a waste of time?? Also, what do you guys think about these lawyers that specialize in "clearance appeals"?? Also information that is voluntarily given up during the poly, could it be used negatively used against me?? Especially if the examiner said it would not, it simply would be added to my SF86 Form... And this happen before my personal security interview w/ the investigator. Thanks

Benny Palmer (MD) on February 14, 2010 at 10:59pm


	Nervous Rey (California), I would contact a different lawyer regarding this. I don�t know how this attorney is going to clean up your record and make you look good on the SF 86. The question on the SF 86/eQIP is �in the past 7 years� have you been �fired from a job�. You should answer �yes� to this question. Since this firing was 1 year ago, the investigators are certainly going to check with the employer to verify the employment and the �firing� will be discovered. This attorney can not expunge your employment record. I also do not understand what a psychological evaluation will do for you. If your firing was truly as you stated, I don�t think it sounds that bad for you to be denied Good luck

Bill L. (Annapolis, MD) on January 21, 2010 at 10:51am


	BJ (McLean, VA), The first step would be to contact the Defense Office of Hearings and Appeals at 1-866-231-3153, and get the address for the Freedom of Information Office. DOHA normally adjudicates cases when derogatory information is present. Then request a copy of your files. That may give you a clue about the �condition� annotation in JPAS. Your former employer was probably doing you a favor by keeping you on the books for as long as they did, but they could have pushed harder to get a final decision and not leave you hanging as you are now. Good luck.

Bill L. (Annapolis, MD) on January 19, 2010 at 1:03pm


	Sir thank you very much for your time and this great web site: I am up for a TS Security Clearance renewal this year. A year ago I was terminated from a retail store for violating a company policy. (Nothing Criminal) EG Failure to file a report on a serious incident. A year previous to that I was given a final warning were I turned myself in for having violated another policy but was admired for my honesty. When I first got here to my new position I connected a government computer to the internet and had it confiscated because it did not have an ID reader and I did not have a government ID card just yet. However I explained it was a misunderstanding and never got punished for it. I was talking with a lawyer who specializes in appeals on security clearances and he told me basically that I was going to be denied for these things and that I should stay ahead of the game and utilize his services, where they could clean up my records and make me look good for the SF-86, including a psychological profile. His firm was going to charge me around 1000 dollars for this. WAS he telling me the truth or do you think he was trying to have me hire him? Will I flat out be denied? I thought honesty was the best policy in filling out your paperwork? Can you advise? Thanks.

Nervous Rey (California) on January 19, 2010 at 11:41am


	I took a position with another contracting company in 2007. During my crossover, I was told a 'condition' was put on my clearance and would need to be investigated. My company and I patiently waited for 6 months while being told "it's in adjustication" but no one would ever tell me what the issue was. Company let me go after 6 months of waiting, understandably, but told me they would continue to persue this in hopes of a resolution and my return. In Jan 2009, I was told they could no longer keep me on their clearance list and I was out in the cold. Due to Life Going On - babies, job hunting, etc - I now have the time to devote to investigating this issue. I recently called my former company and they simply told me if they dropped me, my clearance was "probably cancelled" but he'd have no record of that and the government is not required to send me a letter. Please tell me this isn't the end! If I have lost my clearance, so be it. But to have my name smeared with something, some "condition" makes me very defensive. Any tips?

BJ (McLean, VA) on January 12, 2010 at 8:39am


	Dee, If your have no adverse credit problems since your bankruptcy and this is your only issue, I do not see a problem for your public trust decision.

Bill L. (Annapolis, MD) on January 5, 2010 at 10:02am


	I have been working in the federal government for 20 years. I am at the GS2 position and have not been promoted ever. My position is a non-sensitive position. My employer request that I do a 85P instead of a 85. I have filed bankruptcy since my divorce. I have some past due on my credit but it was paid in my chapter 13. I filed this 5 years ago. My bankruptcy was discharged 3 years ago. I don't have any problem or any criminal record. What chances do I have in receiving this public trust?

DEE on December 30, 2009 at 12:52am


	Tony, Sorry, but I have no insight on this. CCF rarely, if ever, asks for a hard copy SF 86. ANY investigation request sent to OPM must be via eQIP. I would still consider a FOIA request to Army to see if there is anything in your CCF file you are not being told. The address is on the INSCOM website, click on Site Map and FOIA. Coincidentally, they are in the same building as CCF. Good luck.

Bill L. (Annapolis, MD) on December 17, 2009 at 10:16am


	Bill, thanks again. Initially I was told via e-mail by our post G2 that I needed to do a new investigation - when I questioned this I was given a formal memorandum from ACCF giving me 30 days to complete a paper version SF-86 or my access to classified would be revoked. Of course I complied, concurrently our Brigade commander sent a memo to ACCF requesting that the action be expedited - nearly 3 months have passed and no movement. I appreciate the recommendation not to go to the IG and I do not want to as I stated in the previous e-mail. I have never been subjected to a process like this - at least at first glance seems at best to be disjointed. As it stands now I intend to return to my previous agency that still considers my TS active and in good standing. On another note - when told that they wanted the paper version, I asked if I could be given access to e-quip so as to facilitate my input of data and was told no. I was told that I could request this using the freedom of information act which could take up to 6 months. Luckily my previous agency had not problem providing this data - saving hours or researching dates and all the other stuff. The folks at G2 told me there was nothing in my e-quip, which was also confusing as the folks at my previous agency said everything was there from my previous PR in 2008. I am still perplexed and can only imagine what someone completely unfamiliar with the process must feel like - it has never been this painful for me before. Any insight?

Tony (NC) on December 15, 2009 at 1:39pm


	Tony B (NC), If ACCF asks for forms, information, documentation, etc, they do so via memorandum thru your Security Manager to you telling you specifically what they want and a suspense date to respond. If this is being done via phone calls/email, there is something definitely out of synch. If your Security Manager can not show you a written request from ACCF, ask him to contact ACCF in your presence to verify that ACCF is asking for the SF 86 and why. I would not go to the IG yet. Perhaps your supervisor can get involved if your Security Manager persists.

Bill L. (Annapolis, MD) on December 15, 2009 at 10:29am


	Bill, thanks for responding to my question. I am perplexed, the FSO at the company I referred to was also confused. I failed to mention I am a DAC and have been a federal civilian employee for 16 years. Our HR office was not involved in requesting the SF-86, this was completely initiated by ACCF. My previous position at the other Federal agency still considers my TS clearance valid and the Commercial company that requested my TS be adjudicated by DISCO told me that it is valid with their organization. That said, in my current position as a DAC am am not allowed access to classified and fortunately - the folks I work for have not made an issue of it. I have considered filing a complaint with the IG, but do not want to make waves, at the same time I just want to understand why ACCF felt that I needed to complete a new investigation. Additionally, forcing me ( I requested e-quip access several times) to use the paper form also calls into question their actions. Any suggestions? Thanks again

Tony B (NC) on December 15, 2009 at 7:19am


	Mik (El Paso), The quick answer is yes, you can appeal the clearance denial. You should have received a letter of Intent to Deny Clearance Eligibility (LOI) from Army CCF and were offered an opportunity to provide information/documentation of your efforts to resolve your debts. After you submitted this rebuttal to the LOI and your eligibility was denied, you should have received a letter of Determination of Clearance Ineligibility (LOD). The LOD should have instructions for appealing the decision to the Army Personnel Security Appeals Board (PSAB), either directly or through the Defense Office of Hearings and Appeals (DOHA). These appeal processes are by regulation and can not be violated unless you elected NOT to respond to the LOI. Even after the appeal to PSAB and your eligibility is denied, you should have received another LOD from PSAB and you can reapply one year after the PSAB decision. This reapplication date should be cited in the PSAB LOD. Good luck.

Bill L. (Annapolis, MD) on December 14, 2009 at 9:54am


	Tony (NC), I am likewise very confused. CCF would not require a SF 86. If CCF asked for a SF 86, they are wrong. Your DoD clearance eligibility is transferrable to ANY DoD adjudication facility, except any SCI access requirement where a polygraph is needed. This is evidenced by DISCO�s adjudication. The only thing I can think of is that your hiring agency wants/needs an updated position of trust or IT certification investigation or your agency thinks you need an Access National Agency Check with Inquiries (ANACI) as a new DoD employee. They are incorrect in this thinking unless your servicing human resource support is adamant about it. Good luck.

Bill L. (Annapolis, MD) on December 14, 2009 at 9:43am


	Question for Bil L. Bill, approximately 9 months ago I transferred from one federal agency to DoA. Previously I held a Secret for 10 years in the Army and a TS for 15 years with my previous agency. After four months of being onboard, I was told that I needed to do a new investigation because that would be faster than waiting for CCF for adjudicate my clearance. Initially, I thought that this was ludicrous as my last PR had been done in late 2008, my new position only required a secret clearance and I had no break in Federal service. I questioned the installations G2 with regards why a new investigation was necessary again. What followed was a letter from ACCF directing me to complete a paper SF86 within 30 days or have me access to classified revoked. Needless to say, I asked if I could be provided a new login to eQuip and was told no, that I could only submit via paper copy. My question is why would they not allow me to use eQuip, which would have stored my information (while already had most of my personal information from previous PR)? On another note during the year I was also asked my a defense contractor if I would be willing to work as a consultant for their company - I told them yes. Their FSO did what ever they do to institute pulling my clearance into JPAS and within 2 weeks DISCO adjudicated my TS with no derogatory information. I still have yet to have my SECRET or TS been adjudicated through CCF and really can not understand - why DISCO only took 2 weeks to adjudicate my TS but on the CCF side I am still waiting. The only negative information in my file are 3 alcohol related incidents more than 25 years ago.

Tony (NC) on December 11, 2009 at 6:33am


	i have been in the millitary (army) for a little over three years. i have been working at my MOS without any problems the whole time, come to find out that i needed a secret clearance about 2 years into my service, so i put in a hardship packet, wich basically means that my clearance problems came because of medical debt from years ago before i was in the millitary, i outlined a plan of action to pay off my debt and even had proof that i had been paying my debts off, but the army just denied my clearance and now i am forced to reclass to a different MOS. i wanted to know if i will be able to appeal this descion because i want to become a warrent officer and i have to have a secret clearance for that. my debt is completly paid off now. if anyone has any answers please help.

mik (el paso) on December 9, 2009 at 4:42pm


	I too was offered a job with a DOD contractor and told them upfront about my past credit issues, but it seems like the DOD is more concerned on how good your credit is rather then if you are born in this country and a loyal patriot. I could understand this may be issue if my position was privileged to sensitive information but it is not, not even close. Someone in Congress has to put a stop to this, there are no jobs available and when Defense jobs do come around, they ae quickly gobbled up by folks that already have a clearance. As Oct 1, 2009 all DOD personnel and contractors have to have Secret Clearance, btw which means you have to have good credit, think of how many loyal Americans are being denied jobs because of this, and the reason behind it, the wonderful recession we are in.......

JIm (Northen Va ) on November 29, 2009 at 10:14pm


	Stephen (Illinois) Your letter of Intent (LOI) should have had a POC, telephone and email. I urge you to contact the POC ASAP to relate your situation and ask for an extension. You can even send the POC a copy of your packet with a note that your S-2 would not accept it. Although you might not get a command recommendation, the record will show your efforts. Good luck.

Bill L. (Annapolis, MD) on November 2, 2009 at 11:29am


	I missed the suspense to reply to an SOR, and did not know I was allowed to apply for an extension. I wasn't ignoring ther suspense, but had a difficult time putting my pakcet together because I am currently deployed. My SOR response was due 19 Sep. Am I allowed to appeal with DOHA, or did I miss my chance as I didn't meet the SOR response date? My SOR was due to financial delinquincies, disclosed on my e-QIP, and they are all 100% paid off. I had the packet prepared, but my S-2 won't accept it.

Stephen (Illinois) on October 23, 2009 at 8:59am


	I was reviewed for a security clearance and blindsided. I am a veteran, 19 years of federal service, not a blemish on my record in 19 years, and the government fired me. I make $50.000.00 less and will soon lose my house and car. This is unfair. The government should be going after those who don't do their jobs. No one will listen, I been scammed of my job. It's like everyone is afraid to go head to head with the government. And who is this review board that is so anoymous. maybe they should be because they toy the livilihood of good people. Even the lawyers are making a gain in this market, promising to represent me, and nothing...The is how America treats Americans!

Karla (Columbus) on October 17, 2009 at 3:39pm


	I have been sent a letter saying that i have been found unsuitable to perform on a government contract in support of DHS. They told me that i could request a reconsideration, which I did. I sent them the request within thier time frame. They stated that they will send me a response within 10 days of thier receipt of my written request. It has now been over 3 weeks and i have not received any documents from them. They gave no phone number on the paperwork to call. How, or who can i contact in order to find out what happened?

Aaron (Denver, Colorado) on September 23, 2009 at 11:20pm


	I had my clearance suspended or revoked when I was on active duty for a PSTD incident My commander had it suspended, well I end active duty on 4 Oct 09. I was presently offered a job making 20,000 for an IT contracting company. But I need to know, �How do I go about getting my clearance cleared up?� I was never issued an SOR, I didn't even know anything about a rebuttal. So who do I contact on this issue? Should I contact my state, local or federal government? What should I do?

willdowningjr (Fort Drum, New York) on September 7, 2009 at 11:17am


	I just went through my DOHA hearing today with the administrative judge. I felt it was really rough and I felt as though I was being interrrogated like a criminal by the DOHA representative. I know he may have been doing his job but he really went the extra mile to break me down. I just wish the process was easier. I guess if my clearance gets revoked I'll be jobless and will have to see where me and my child end up. Most likely homeless or part of the system of welfare and whatever else........

jd (texas) on August 27, 2009 at 6:42pm


	I agree with all of you. I have worked for the DOD since 1986--I have been investigated for 10 years..every two years--I have NO foreign friends etc which I was accused of having--I filed a bankruptcy in 2003--it was paid out totally in 2005--my credit report from Equifax is a joke..it shows 15 Negative Accounts. I have talked to Equifax on the phone several times--to no avail. My security manager told me that if I had that many negative accounts I would never get my clearance back. I have missed like one payment to these companies and whamo!! Its bad...they need to stop doing this...

ppitts (rafb, ga) on August 27, 2009 at 10:24am


	Frank: Public Trust "clearances" can not be converted to national security clearances because of differences in the investigations and the application forms. For a collateral secret clearance, I don't think your in-laws in the Philippines are any reason for concern, as long as they are not affiliated with any intelligence or security organizations.

William Henderson (Pacific Grove, CA) on August 7, 2009 at 2:02am


	Pending a Secret Clearance. Have had a Position of Trust since 2006 which wouldn't transfer over. Wife is a naturlized U.S citizen, however my mother, father and sister in-laws live in the Philippines and are Phillipine citizens. Investigation was completed on July 8th, still nervously awaiting ajudication. Should I be concerned?

Frank (Colorado) on August 6, 2009 at 10:22am


	I also held a TS SCI security clearance for over twenty years and never had a violation against me and always performed my job to the utmost brilliant and exceeded everyone's expectations. I went for a ten year update and answer the questions as always, and to my surprise my clearance was denied because of credit issues I failed to disclose. I fought the issue since it resulted in two signature loans I provided to my daughters and I was never notified about their failure to notify me. I was told to wait one year and re-apply, I am reapplying to see if I will get considered and re-gain my clearance. I spent thousand of dollars in Lawyer fees and I am spending a another few thousand in attorney fees again, it is horrible and the system is broke since they only look at paper and not your history as a person or services I provided to my country.

Retired ARMY (Ft Monmouth) on August 6, 2009 at 8:30am


	Buck: A base pass is not a security clearance and there are no government-wide procedures for rebutting or appealing a denial. Some agencies may have an appeal process but there is no government regulation that I know of that requires them to have one. You will have to contact the government agency that denied your application for the pass and ask them how to appeal their decision.

William Henderson (Pacific Grove, CA) on August 3, 2009 at 4:07pm


	Today I was denied a regional base pass and I'm surprised by the decision. I worked for another contractor last year and was able to obtain one. I learned a life lesson 10 years ago when I got convicted of a felony. I haven't been in any trouble since. The company I presently work for had a question on the application asking if I'd been convicted of any felonies in the past seven years and I answered no because it was the truth. Now it seems as if all of my years of being a productive member in society is being overlooked. I have three children who depend on me and I cannot support them on a meager salary. How do I go about appealing this decision? I desperately need direction.

BUCK (VA Beach, VA) on July 31, 2009 at 4:50pm


	I recently had my MRPT revoked about a month ago and still do not know why. I talked with the Security Officer at the Interim employer and her recommend that I wait for their final decision instead of looking into it in advance.

Derek Casanares (Texas / Virginia) on July 25, 2009 at 1:14pm


	john: Absent any aggravating or ccomplicating circumstances, a single misdemeanor offense is not serious enough to be considered a potentially disqualifying condition for a security clearance. For more information check out the 2-part article on "Criminal Conduct and Security Clearances." Use the "Recommend Articles" link next to the red stars above.

William Henderson (Pacific Grove, CA) on July 15, 2009 at 1:27am


	I had an assault charge in 2002, I had a deferred sentence and completed all requirements by the court. I am active duty army, will I be able to recieve a clearance?

john (colorado) on July 14, 2009 at 2:39pm


	On the June, 2009 my Department head took me to meet the Fleet Industrial Supply Center Norfolk's Security Manager. Tthe Security Manager provided the final denial of clearancefor a sentitive position. It was shocking to find out after almost 4 months and to add insult to your injuries they slap me with administratively leave without pay until the appeal date. The so called Employee Union agreed with the decission to send you home without pay and not able to collect unemployment benefits, feed your family and be further behind on your bills. And to think that serving your, as a Veteran, country mereant something .....

morocho6 further 9 (virginia beach) on June 23, 2009 at 7:35am


	Those that get their clearances revoke are usually victims of being unemployed and not being able to pay their bills. They are not criminals except to the idiots making the revoking decisions. Many victims of the 2002-2003 "phony recession" where defense companies had lay offs but the CEOs and cronies lined their pockets have had their clearances revoked and are now victims of the current recession due to these government idiots who wouldn't know an honest man from a crooked CEO if they were given clairvoyence glasses. These idiots are just looking stuff up in DOD funny books and quoting from them rather than making a thoughtful decision. Look at the language " The person with even a small amount of debt "MAY" want to contact his favorite gangster and go into crime with him. Give me a break. Put these DOD idiots in padded cells with their comic books.

TD (Boston) on June 8, 2009 at 1:05pm


	i had my clearance suspended when i was on active duty for a dui. my commander had it suspended, well i got out of active duty i joined the national guard and my clearance transferred over. Now i have a clearance with the guard but with active duty i don't. i was never issued a SOR, i didn't even know anything about a rebuttal, i did take the g-2 on ft hood my paper work showing that i paid my fines and all is well now. but for some reason that red flag is still there on my clearance. and my old unit well lets just say they have had on a wild goose chase for a while. what do i do?

adam.torres1 (ft hood) on June 8, 2009 at 9:13am


	Any one who want to reduce government waste should contact their senators and congressmen about this process. DOHA and the administration law judges are out of control. DOHA sent my SOR to the wrong company. I was denied on my first appeal and now have to go before the board. Lost of hearing summary are online. Goggle ISCR Case No. and be prepared to see government out of touch with the real world.

seniorclimber (Dayton Ohio) on May 4, 2009 at 9:41pm


	If I was deemed "unsuitable" for a CBP clearance, is this the same thing as being denied? I filled out a SF85P and signed a BIPI. I ask for 2 reasons: 1.) If I were to apply for a clearance again, do I need to mark "Yes", if asked if I've ever been denied a clearance? 2.) Do I need to wait a full year before applying for a Top Secret or Secret clearance?

AM_I_HOSED (DC) on April 10, 2009 at 8:18am


	Please help, need your advice. I just got a new job w/ a large gov�t contractor in support of a software development effort for Customs and Border Protection. I completed an SF85P back in early February �09. Yesterday, I received a letter of intent for denial. The letter indicates that during my personal interview when asked, �have you ever been arrested�, I only stated 2 misdemeanors when I also had a Possession of Marijuana arrest from 6/1996. Now, I specifically recall that the interviewer asked �have you ever been arrested in the last 7 years� and therefore I only stated the 2 misdemeanors and did not disclose the Possession of Marijuana arrest since it fell outside the 7 year mark. I mailed my rebuttal this morning indicating why I did not disclose the 6/96 arrest (since it did not fall within the last 7 years). If the interviewer asked the question w/o specifying a time period, I certainly would have disclosed the 6/96 arrest. Furthermore, back in 1997, I disclosed the 6/96 arrest when I applied and was granted a Top Secret clearance, so its not like I was trying to conceal any information. Please provide your thoughts as to whether my case has any weight for being granted the Public Trust status as I am hoping the Intent to Deny will be overturned. Should I have included any additional information in my rebuttal other than what I stated above? Is there anything else I can do to resolve this misunderstanding? Thank you in advance.

CuriousJK (DC) on April 9, 2009 at 8:40am


	I too have been exposed the the horror of being denied a security clearance. I have held a Secret DOD clearance from the military and extending into my contracting career. I also recently picked up a Public trust from DOI. I recently was put in for a position with another angency that required a Public Trust. after about 2 weeks of working I am asked to leave the work area with no explanination, other than your clearance was rejected. I tried to get answers from my Contracting Officer or Contractor and nothing, no answers. So I drafted an email to the security officer who had preformed my investigation, to get some closure. After sending the email, my company pulls me into a meeting with a letter in hand stating why my clearance has been denied. This is 5 days after I was asked to leave the clients site. The only reason the letter was sent was because I sent an email to the office, requesting an answer. The letter stated I was delinquent on a number of accounts listed in my credit report. This information fortunatly for me is outdated. I then asked my Contractor who I could refute the decision too and they encouraged me to just leave it alone. A day or so later they provided me with a letter saying my employment with them will be termninated within 2 weeks. I went home and found all my documentation to support my dispute, I drafted a letter to the dept. who preformed my investigation and gave a copy to my HR officer. I have worked too long and too hard to have this on my perminate record. Those of you hear know how fursturating this can be. I also ordered a copy of my BG investigation from OPM to corrected and updated the outdated information. I will let you all know how this turns out. The postion I had, I'm sure is no longer available to me, however, going forward I need to have this issue address...

Fighting Back (South East Louisiana) on March 2, 2009 at 4:36pm


	I had a dream job which I was just terminated from because the contract my company was on required a clearance. I was granted my interim secret and have been working there for 7 months while waiting for my final secret. My company loved me but said they had no choice since I needed a clearance. The only reason I could have been denied is because of credit (past foreclosure, now paid off, credit debt, collections) all of which I was upfront about when I got the job. I was fired, with never receiving a letter of intent or statement of reasons for my denial of the clearance. I never got a chance to appeal before I was fired. I have a wife and 3 kids, 4th to be born next month and now no job. I am a veteran of the country and all I want to do is provide. Weren't my rights violated? Shouldn't I have had the chance to appeal before they denied my clearance and fired me?

Jon (Northern VA) on February 16, 2009 at 10:57am


	Anyone know if having a restraining order against one is grounds for having clearance denied?

Jane Smith (Colorado ) on January 31, 2009 at 9:35pm


	Until recently I had held an active clearance. I was laid off in the midst of my periodic investigation while my clearance was still active in June 2007. I have applied for jobs and was accepted for a position which required a clearance but to my suprise was utimately rejected because unbeknowest to me there is some type of problem with my clearance information which I was never made aware of. How do I find out the true status in JPAS and if detrimental what if anything are the grounds for negative info so that I can respond to them.

lonnie (Georgia) on January 22, 2009 at 10:42am


	I have had jobs that made me sign proprietary information was not to be reveled? I will look into the Lawyer mentioned and see what it5 would take for clearance I should have no problems, Clean record etc.

Jerry B. Slack (Thousand Oak) on January 14, 2009 at 2:16am


	Bottom line - I filed bankruptcy in 2007, what chance do I have to get a Secret clearance. I am considering applying for an Active Duty position with the National Guard. Funny to me WHY they are requiring a Secret clearance for CONUS assignment (handling records, supply transactions) yet no clearance is required for overseas deployment to a combat zone...? Anyhow - anyone care to share the light on my first question - do I have a chance?

Scott (Indianapolis) on December 7, 2008 at 8:50am


	What's all the hostility for and the posturing about how someone loves the USA? Jeezus, that really comes across as pathetic. 100% employment, everybody gets paid - not gonna happen? First off getting a clearance through a bunch of stooges should never be considered a make it or break it in the game of life. Think of the alternatives.

RandomSleeper on November 26, 2008 at 11:59pm


	I will be appealing a negative result in a request for an MRPT from the Dos. I have a DoD secret, so I am not quite sure what happened. Thanks for this article, it will help me prepare for the appeals process better!

Michael Ver Mulm (Kansas City Missouri) on November 26, 2008 at 10:34am


	Until recently I had held an active clearance. I was laid off in the midst of my periodic investigation while my clearance was still active in 2007. I have applied for jobs and was accepted for a position which required a clearance but to my suprise was utimately rejected because unbeknowest to me there is some type of problem with my clearance information which I was never made aware of. How do I find out the true status in JPAS and if detrimental what if anything are the grounds for negative info so that I can respond to them

lawrence Swindell (pooler Ga. 31322) on November 25, 2008 at 5:55pm


	MKAT - you are absolutely correct, these government agencies, my experience has been with the dolts at DSS, are not only harmful to us individually but harm the country as a whole. Maybe the Obama administration will insist on competent people to staff these agencies. Perhaps a civil service exam will weed out these do nothings who are preventing the rest of us from serving our country and earning a living.

Kenny on November 25, 2008 at 12:31pm


	I was turned down for an internship in a DOD entity because of a security flag. I wanted to ask for further information but was at frist intimidated. With the encouragement of friends I put through a FOIA and after the agency did what was the poorest job in complying I heard nothing from them for about 5 months. When I finally recontacted them, the swore they had sent it(though no one received it) and resent another package which I subsequently got. The reasons stated for the security flag was so ridiculous I know I would win on appeal. But I have fence sat and worried that raising the issue would make me seem like a troublemaker. These agencies are in place to protect us not to provide mediocre people with the means of crippling the lives of people they feel enmity for. I love my country and I would gladly lay down my life for it. I and others like me in turn deserve the protection of the DOD and an Ombudsman's office to ensure we are not victimized.

MKAT on November 21, 2008 at 2:20am