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.

Government Employee Granted Security Clearance From Drug Abuse

WEST COAST - Client, government employee was issued a Letter of Intent (LOI)/Statement of Reasons (SOR) based upon allegations under Adjudicative Guidelines: H - Drug Involvement and J - Criminal Conduct for drug use on multiple occasions each month from 1978-1985; and then on a less frequent basis from 1985 until 2002; falsification of SF86s on two different occasions in 1994 and 1999 by denying drug use in the previous 7 years; and for drug use while employed by the U.S. Government and possessing a security clearance. After responding to the SOR, the government issued a Supplemental SOR under the Adjudicative Guideline for Personal Conduct, to address the deliberate failures provide full, frank, and candid responses to the SF86s. After submitting a response to both the SOR and Supplemental SOR, the Central Adjudication Facility found FOR THE APPLICANT and the clearance was granted without the necessity of having to go through a Personal Appearance.

Client Cleared From Negative Work History and Financial Struggles

MIDWEST - Client was offered permanent position of employment with National Geospatial Agency (NGA) requiring a security clearance and polygraph examination. Previous issues in client's life under Adjudicative Guidelines: G - Alcohol Consumption - with an impact on work performance, and receiving counseling on several occasions, and F - Financial Considerations - as a result of reduced property values (i.e., being "underwater" on the mortgage) and inability to pay the mortgage, raised concerns for the clients ability to receive a favorable adjudication on the clearance. Helping the client prepare the SF86 and helping the client prepare for the clearance investigation interview resulted in the client being granted the clearance without a Statement of Reasons (SOR) being issued.

Assisted Cleared After Military Discharge for Drug Abuse

MIDDLE ATLANTIC - Assisted client having a previous Other Than Honorable Discharge from the military for Misconduct - Drug Abuse in obtaining a security clearance through the proper execution of the SF86 and preparation for background interview, resulting in expeditious granting of clearance without the issuance of a Statement of Reasons. Concerns would have been under Adjudicative Guideline H - Drug Involvement.

Federal Government Employee Cleared After Failure to Disclose Debt

WEST COAST - Federal government employee clearance was denied based uponAdjudicative Guideline - E Personal Conduct - failure to disclose; and F - Financial Considerations - as a result of 8 accounts still being in arrears at time of providing written response to Statement of Reasons. After contacting JAG Defense and consistent with our guidance in demonstrating resolution actions on the debts, employee was successful in mitigating all issues at a Personal Appearance before an Administrative Judge from the Defense Office of Hearings and Appeals resulting in a reinstatement of the clearance by the Personnel Security Appeals Board.

Defense Contractor Cleared From Years of Time Card Fraud

WASHINGTON, DC - Defense Contractor nominated for National Security Agency (NSA) Sensitive Compartment Information (SCI) access was notified of non-approval based upon Intelligence Community Directive 704 (ICD 704) criteria and the applicant's purported admission in connection with a polygraph examination of substantial periods of significant time card fraud over a multi-year period of time by claiming hours worked that were not performed, raising concerns under Adjudicative Guideline E - Personal Conduct. After submitting detailed response explaining errors in investigators summary of the interview, NSA found FOR THE APPLICANT granting SCI access.

Navy GS-15 Cleared After Sexual Affairs While Stationed Abroad

WEST COST - A GS-15 for the Department of the Navy was found to have failed to disclose a number of security issues under Adjudicative Guidelines: E - Personal Conduct, D - Sexual Conduct, B - Foreign Influence, during previous security clearance investigations over a period of 10+ years. These issues included his solicitation of foreign prostitutes while traveling on official government business, his live-in extramarital affairs with numerous foreign women while stationed in foreign countries, and other “high risk” sexual behavior with foreign nationals. JAG Defense worked with the client over a period of 18 months while awaiting his LOI/SOR, facilitating counseling and rehabilitation. After detailed written response to SOR, the Department of the Navy Central Adjudication Facility (DONCAF) found FOR THE APPLICANT and the TS/SCI clearance was granted without the necessity of having to go through a Personal Appearance.

Navy Civilian Employee Innocently Ingested Cocaine Via Organic Tea

MIDDLE ATLANTIC - Navy civilian employee, who was also a Lieutenant Colonel in the U.S. Army Reserve, tested positive for cocaine on a random urinalysis test raising adjudicative concerns under Guideline H - Drug Involvement. He was administratively suspended from his position with the Navy, and the Army initiated administrative discharge processing. After retaining the lawyers at JAG Defense, we identified a potential source of the cocaine – our client had purchased and consumed Delisse Organic Tea at a health food store in California. This tea was legally available and contained no warnings regarding the possible presence of cocaine. We arranged to have the tea forensically tested, which revealed the presence of cocaine. Our lawyers put together a comprehensive package detailing the presence of cocaine in the tea, eyewitness statements surrounding our client's innocent purchase and ingestion of the tea, and detailed scientific proof that established that our client's nanogram levels were consistent with his unknowing use of the tea. The Department of the Navy Central Adjudication Facility granted the client's clearance without the client having to go through a Personal Appearance. Further, the Army terminated all administrative discharge processing based on our client's innocent ingestion of cocaine.

Clearance Granted After SOR Related to Financial Considerations

SOUTHWEST - Applicant defense contractor issued Statement of Reasons (SOR) related to Adjudicative Guideline F - Financial Considerations alleging twenty-four (24) debts in arrears. At the Hearing we were able to demonstrate that one (1) debt had been disputed and resolved, two were duplications, and that others were near removal from the Applicant's credit report.. Though we were not able to show resolution of any of the other debts, because of the substantial documentation offered in demonstration of the significant efforts made by Applicant to dispute contested accounts/amounts and efforts to resolve all the accounts, in conjunction with Applicant's voluminous “whole-person” evidence, the Administrative Judge found FOR THE APPLICANT and the clearance was granted.

Central Adjudication Facility Found for Client and Granted Clearance

WASHIGNTON, DC - Client active duty military member received Letter of Intent (LOI) / Statement of Reasons (SOR) for Adjudicative Guidelines: G - Drug Involvement, J - Criminal Conduct, and E -Personal Conduct concerning consuming alcohol to the point of intoxication, failure to disclose pre-service use of an illegal drug, use of an illegal drug within the last 7 years of executing the SF86, and use of an illegal drug while possessing a security clearance. After submitting a detailed written response to the SOR, the Central Adjudication Facility found for the client and GRANTED THE CLEARANCE.

Client Successfully Had TS/SCI Reinstated Without Personal Appearance

WASHINGTON, DC - Contractor employee within DoD, whose Top Secret (TS) Clearance and Sensitive Compartmented Information (SCI) access were at risk, was issued Letter of Intent (LOI)/Statement of Reasons (SOR) from Army Central Clearance Facility (CCF) for Adjudicative Guideline F - Financial Considerations, due to 10 overdue accounts. Working with client to demonstrate "resolution" of all accounts, client was successful in having TS/SCI reinstated based upon written response to SOR without necessity of going through a Personal Appearance.