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| Rebutting and Appealing Security Clearance Denials |
William Henderson for ClearanceJobs.com - November 14, 2008
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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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| Tia (colorado springs) |
on 16 Mar 2010 at 4:40 am |
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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 |
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| Tony (NC) |
on 05 Mar 2010 at 2:17 pm |
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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 |
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| William Henderson |
on 04 Mar 2010 at 1:49 pm |
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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.” |
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| William Henderson |
on 04 Mar 2010 at 1:40 pm |
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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. |
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| Bill L. (Annapolis, MD) |
on 04 Mar 2010 at 12:23 pm |
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Jerry (NY),
As long as this is a hobby and not a primary source of income, you have nothing to worry about. |
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| Bill L. (Annapolis, MD) |
on 04 Mar 2010 at 12:22 pm |
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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. |
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| Jerry (New York) |
on 03 Mar 2010 at 5:00 pm |
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| 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? |
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| Tony (NC) |
on 01 Mar 2010 at 3:30 pm |
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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 |
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| M Brown (VA) |
on 01 Mar 2010 at 1:11 pm |
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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. |
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| William Henderson |
on 28 Feb 2010 at 9:43 pm |
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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? |
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| M Brown (VA) |
on 26 Feb 2010 at 2:01 pm |
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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 |
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| William Henderson |
on 18 Feb 2010 at 6:33 pm |
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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. |
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| Benny Palmer (MD) |
on 16 Feb 2010 at 10:25 pm |
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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?? |
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| William Henderson (Pacific Grove, CA) |
on 15 Feb 2010 at 2:13 pm |
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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. |
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| Benny Palmer (MD) |
on 14 Feb 2010 at 10:59 pm |
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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 |
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| Bill L. (Annapolis, MD) |
on 21 Jan 2010 at 10:51 am |
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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 |
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| Bill L. (Annapolis, MD) |
on 19 Jan 2010 at 1:03 pm |
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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. |
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| Nervous Rey (California) |
on 19 Jan 2010 at 11:41 am |
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| 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. |
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| BJ (McLean, VA) |
on 12 Jan 2010 at 8:39 am |
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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? |
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| Bill L. (Annapolis, MD) |
on 05 Jan 2010 at 10:02 am |
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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. |
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| DEE |
on 30 Dec 2009 at 12:52 am |
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| 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? |
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| Bill L. (Annapolis, MD) |
on 17 Dec 2009 at 10:16 am |
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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. |
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| Tony (NC) |
on 15 Dec 2009 at 1:39 pm |
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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? |
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| Bill L. (Annapolis, MD) |
on 15 Dec 2009 at 10:29 am |
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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. |
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| Tony B (NC) |
on 15 Dec 2009 at 7:19 am |
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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 |
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| Bill L. (Annapolis, MD) |
on 14 Dec 2009 at 9:54 am |
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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. |
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| Bill L. (Annapolis, MD) |
on 14 Dec 2009 at 9:43 am |
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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. |
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| Tony (NC) |
on 11 Dec 2009 at 6:33 am |
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| 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. |
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| mik (el paso) |
on 09 Dec 2009 at 4:42 pm |
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| 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. |
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| JIm (Northen Va ) |
on 29 Nov 2009 at 10:14 pm |
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| 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....... |
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| Bill L. (Annapolis, MD) |
on 02 Nov 2009 at 11:29 am |
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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. |
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| Stephen (Illinois) |
on 23 Oct 2009 at 8:59 am |
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| 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. |
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| Karla (Columbus) |
on 17 Oct 2009 at 3:39 pm |
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| 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! |
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| Aaron (Denver, Colorado) |
on 23 Sep 2009 at 11:20 pm |
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| 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? |
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| willdowningjr (Fort Drum, New York) |
on 07 Sep 2009 at 11:17 am |
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| 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? |
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| jd (texas) |
on 27 Aug 2009 at 6:42 pm |
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| 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........ |
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| ppitts (rafb, ga) |
on 27 Aug 2009 at 10:24 am |
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| 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... |
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| William Henderson (Pacific Grove, CA) |
on 07 Aug 2009 at 2:02 am |
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| 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. |
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| Frank (Colorado) |
on 06 Aug 2009 at 10:22 am |
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| 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? |
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| Retired ARMY (Ft Monmouth) |
on 06 Aug 2009 at 8:30 am |
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| 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. |
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| William Henderson (Pacific Grove, CA) |
on 03 Aug 2009 at 4:07 pm |
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| 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. |
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| BUCK (VA Beach, VA) |
on 31 Jul 2009 at 4:50 pm |
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| 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. |
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| Derek Casanares (Texas / Virginia) |
on 25 Jul 2009 at 1:14 pm |
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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. |
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| William Henderson (Pacific Grove, CA) |
on 15 Jul 2009 at 1:27 am |
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| 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. |
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| john (colorado) |
on 14 Jul 2009 at 2:39 pm |
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| 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? |
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| morocho6 further 9 (virginia beach) |
on 23 Jun 2009 at 7:35 am |
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| 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 ..... |
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| TD (Boston) |
on 08 Jun 2009 at 1:05 pm |
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| 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. |
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| adam.torres1 (ft hood) |
on 08 Jun 2009 at 9:13 am |
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| 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? |
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| seniorclimber (Dayton Ohio) |
on 04 May 2009 at 9:41 pm |
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| 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. |
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| AM_I_HOSED (DC) |
on 10 Apr 2009 at 8:18 am |
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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? |
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| CuriousJK (DC) |
on 09 Apr 2009 at 8:40 am |
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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. |
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| Fighting Back (South East Louisiana) |
on 02 Mar 2009 at 4:36 pm |
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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... |
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| Jon (Northern VA) |
on 16 Feb 2009 at 10:57 am |
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| 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? |
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| Jane Smith (Colorado ) |
on 31 Jan 2009 at 9:35 pm |
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| Anyone know if having a restraining order against one is grounds for having clearance denied? |
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| lonnie (Georgia) |
on 22 Jan 2009 at 10:42 am |
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| 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. |
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| Jerry B. Slack (Thousand Oak) |
on 14 Jan 2009 at 2:16 am |
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| 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. |
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| Scott (Indianapolis) |
on 07 Dec 2008 at 8:50 am |
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| 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? |
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| RandomSleeper |
on 26 Nov 2008 at 11:59 pm |
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| 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. |
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| Michael Ver Mulm (Kansas City Missouri) |
on 26 Nov 2008 at 10:34 am |
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| 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! |
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| lawrence Swindell (pooler Ga. 31322) |
on 25 Nov 2008 at 5:55 pm |
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| 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 |
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| Kenny |
on 25 Nov 2008 at 12:31 pm |
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| 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. |
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| MKAT |
on 21 Nov 2008 at 2:20 am |
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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. |
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