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Security Clearance Success Stories
Brief summaries of JAG Defense’s Representative Cases for Security Clearance cases are listed below. To download written decisions of cases handled by JAG Defense, please visit Security Clearance Decisions.
GS Employee Retains Clearance
MIDATLANTIC: Federal Government employee in the Department of Defense received an SOR concerning handling of protected information, personal conduct, sexual conduct, criminal conduct, psychological conditions, and financial considerations as a result of allegations of leaving classified material unsecured, failing to protect sensitive information by having it open to public view while on public transportation, disclosing classified information to a family member who then publicly shared that information, bringing classified information home, disclosing a classified location, making threats of violence against members of the activity, engaging the services of a sex worker, suffering from a diagnosed psychological disorder, and failing to pay debts. After presenting the case at a Personal Appearance, to include consideration of protections under PPD-19 (Protecting Whistleblowers with Access to Classified Information) the Personnel Security Appeals Board found FOR THE APPELLANT and the clearance was granted.
Navy LCDR Retains Security Clearance After Disclosing Mental Health Issues on SF-86
SOUTHEAST: Active duty O-4 received an SOR after disclosing mental health treatment on his SF-86 pursuant to a periodic review. After retaining JAG Defense to assist with the SOR Response, client successfully mitigated concerns regarding the potential to subject the officer to undue influence, coercion, exploitation or duress which could raise questions about reliability, trustworthiness, and ability to protect classified information. Client received a favorable security clearance determination and retained his security clearance.
Categories: Security Clearance Success Stories
Navy O-4 Retains Security Clearance After Repeated Positive Urinalysis Tests
Active Duty O-4 retained JAG Defense after receiving SOR for positive urinalysis tests while attending SARP program. JAG Defense successfully mitigated security concerns by demonstrating that only the metabolites and not the drug itself remained in client's system after admission to SARP program; the resulting positive urinalysis tests were only positive for the drug metabolites.
Active Duty Sailor Retains Security Clearance After Positive Urinalysis
ASIA: Active duty E-6 retained JAG Defense after failing a urinalysis test. JAG Defense successfully defended member at Administrative Separation Board, and member was retained. Shortly thereafter, member received an LOI/SOR to revoke his eligibility for a security clearance and deny his eligibility for access to SCI. JAG Defense successfully mitigated concerns with the positive urinalysis and member received a favorable security determination.
Security Clearance Retained Despite Sexual Misconduct
MIDWEST: Client civilian government employee received an SOR after engaging in an extramarital affair with a co-worker and using the company e-mail system to send inappropriate e-mails. Client successfully mitigated security concerns and received a favorable security determination after retaining JAG Defense to assist with SOR response.
Security Clearance Retained Despite Drug Use
MIDWEST: Client civilian government employee realized that he had misunderstood a question on an earlier SF-86 regarding past drug usage while completing a new version of the SF-86 during a periodic reinvestigation. DoD employee received an SOR after properly responding to the question and alerting his security officer to the discrepancy in response. After retaining JAG Defense to assist with the SOR Response, client received a favorable security determination and retained his security clearance.
Security Clearance Granted After Delinquent Student Loans
SOUTHEAST: After retaining JAG Defense to assist with an SOR Response, Contractor granted security clearance after demonstrating that student loan accounts were no longer delinquent and successfully mitigating financial consideration concerns. Despite Contractor requesting a hearing with Response, Chief Legal Counsel determined that further processing was no longer warranted and the SOR was withdrawn.
Categories: Security Clearance Success Stories
Contractor Granted Top Secret Clearance Despite Misuse of Portable HD
WEST COAST: Contractor had secret security clearance suspended over concerns with violation of corporate policy regarding the misuse of Portable Electronic Device (PED). Two years later, Supervisor submitted for a top secret clearance and Contractor received Statement of Reasons (SOR). Contractor responded to SOR without requesting a hearing. After retaining JAG Defense to assist with a response to the File of Relevant Material (FORM) submitted by Department Counsel, security concerns arising under Guideline M were successfully mitigated and Contractor granted top secret security clearance.
Officer Mitigates Foreign Influence Concerns and Regains TS/SCI Clearance
MIDWEST: Military officer was granted Top Secret (TS) clearance by DoD CAF, then redesigned to the Intelligence Community, and was issued Letter of Intent (LOI)/Statement of Reasons (SOR) to deny access to Sensitive Compartmented Information (SCI), clearance, and assignment to sensitive positions due to Adjudicative Guideline B – Foreign Influence due to parents and siblings being citizens and, in some instances, residents of a foreign nation whose interests have been determined to be inimical to those of the United States, and for those who are not such residents, because of frequent travels to such country and maintaining contacts with citizens/residents of that country. After the respective Service revoked the SCI and collateral TS clearance, client retained JAG Defense to assist with reapplication after denial. We prepared an extensive package which sufficiently mitigated the concerns, resulting in the client regaining the TS/SCI clearance/access.
Categories: Security Clearance Success Stories
Client eliminates drug use - Results in favorable suitability and fitness determinations for Federal employment
MIDDLE ATLANTIC: Client civilian government employee issued letter addressing suitability and fitness for Federal employment due to a history of illegal drug use. Client response, addressing concerns under both Title 5, Code of Federal Regulations (CFR) Section 732.202(c), and Adjudicative Guideline H – Drug Involvement, completely mitigated all concerns resulting in client being cleared/approved for employment with the Federal government.
Categories: Security Clearance Success Stories