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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.
JAG Defense Successfully Assisted Client in Reapplication After Denial
MIDDLE ATLANTIC - Client defense contractor was issued Statement of Reasons (SOR) under Adjudicative Guideline G – Alcohol Consumption as a result of excessive consumption of alcohol for approximately 37 years, having had a previous SOR issued after three alcohol-related incidents and two treatments for alcohol abuse/addiction, followed by continuing to consume alcohol with two additional alcohol-related incidents over the next decade as well as two additional periods of treatment for alcohol dependence, with the total circumstances of the case leading to the issuance of a second SOR. After appearing at a Hearing the client's clearance was revoked as it was determined that there had been an insufficient period of abstinence since the last incident and treatment. Following the mandatory minimum one-year waiting period we assisted the client in a Reapplication After Denial for a clearance and having been able to document the client's continued abstinence we were able to demonstrate a sufficient change in behavior and period of abstinence resulting in the client being cleared for a new security clearance.
Categories: Security Clearance Success Stories
Clearance Granted for Client with Numerous Allegations
EUROPE: Active duty military member issued Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines: B - Foreign Influence, D - Sexual Behavior, E - Personal Conduct, and J - Criminal Conduct as result of allegations of engaging in prohibited financial dealings with foreign national in violation of government regulations, Violations of several Articles of the Uniform Code of Military Justice (UCMJ) for which disciplinary action was imposed for false official statements, disobedience of orders, conduct unbecoming an officer, and adultery. After responding in writing to the SOR the Central Adjudication Facility granted the clearance.
Clearance Granted by Personnel Security Appeals Board
MIDDLE ATLANTIC - Client government employee within the Department of Defense issued Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines: G - Alcohol Consumption and J - Criminal Conduct as a result of a DUI conviction with in-patient alcohol rehabilitation treatment, followed by a relapse and DUI with out-patient counseling, followed by a relapse and DUI with out-patient counseling. After working with client to obtain additional alcohol consumption counseling support and demonstrating at a Personal Appearance before an Administrative Judge the client's commitment to total abstinence along with changed circumstances supportive of abstinence, client's clearance was granted by the Personnel Security Appeals Board.
Clearance Granted after SOR under Numerous Guidelines
MIDDLE ATLANTIC - Client Federal Government employee within the Department of Defense was issued Statement of Reasons (SOR) under Adjudicative Guidelines: E - Personal Conduct, J - Criminal Conduct, and D - Sexual Behavior as a result of circumstances and events that flowed from a person met through a social network site that raised questions of judgment, behavior, conduct, potential for extortion and coercion as a result of behavior taking place with and events surrounding interactions with that individual. After submitting a written response to the SOR, however, the Central Adjudication Facility granted the clearance/ access.
Client Was Granted Clearance Without Necessity of a Hearing
SOUTHWEST - Client Defense Contractor received written Interrogatories from the Defense Office of Hearings and Appeals as a result of concerns under Adjudicative Guidelines: G - Alcohol Consumption and E - Personal Conduct as a result of voluntarily seeking in-patient treatment for alcohol consumption and errors made in executing the Questionnaire for National Security Positions/SF86/e-QIP. Assisted client in clarifying errors and amplifying information provided to background investigators/clearance adjudicators resulting in granting of clearance with no Statement of Reasons being issued, thus no need to go through a Hearing to be able to obtain the clearance.
CAF Granted Clearance without Necessity of a Personal Appearance
WEST COAST - Client government employee was issued a Statement of Reasons (SOR) from the service's Central Adjudication Facility (CAF) under Adjudicative Guidelines: E - Personal Conduct, G - Alcohol Consumption, H - Drug Involvement, I - Psychological Conditions and J - Criminal Conduct, based upon allegations of DUI, inpatient treatment for substance abuse (alcohol, as well as lawful and unlawful drug use of several substances) and suicidal ideation/overdose attempt, readmission for substance abuse treatment and detoxification, additional out-patient substance abuse treatment, and unusual behavior during the background investigation. After responding to the SOR the CAF granted the clearance without the necessity of a Personal Appearance.
Security Clearance Continued for Client after ATF Investigation
MIDDLE ATLANTIC - Client government employee of the Department of Homeland Security was issued a notice of intent to revoke clearance under Adjudicative Guidelines: E - Personal Conduct, G - Alcohol Consumption, and J -Criminal Conduct, based upon allegations of illegal behavior, association with known criminals, and use of alcohol. Questionable conduct concerns were raised as a result of an investigation by the Alcohol, Tobacco and Firearms (ATF) for trafficking of illegal arms which disclosed that two close acquaintances were convicted of gun-related offenses and that client participated in swapping out a registered for an unregistered weapon, disposal of the unregistered weapon. The acquaintances were also involved in other offenses related to weapons about which the client had no personal involvement. Additionally, the client consumed alcohol and then misrepresented himself as a police officer in an effort to preclude vandalism of a public place, which resulted in a requirement to complete an alcohol/substance abuse program over several months as a result of frequent excessive consumption of alcohol. After presenting a written response to the allegations the Chief Security Officer sustained the continuation of the client's security clearance.
Denial Decision Reversed for Client with TS/SCI Access
WEST COAST - Client applicant for Top Secret/Sensitive Compartmented Information (TS/SCI) access with a "three-lettered Agency" was denied clearance based upon Adjudicative Guidelines: E - Personal Conduct and B - Foreign Influence as a result of failure to report misuse of prescription medication or mental health counseling as well as disclosures during the interview process that the failures to disclose were deliberate actions due to concerns about losing employment and a negative clearance/access adjudication had the disclosures been made. Disclosures of drug use included steroids, morphine vicodin and abuse of sleep aids; other concerns related to misuse of government technology systems to view pornography as well as immediate family members being citizens/residents of a foreign country whose interests are inimical to those of the United States, to include service (through retirement) by an immediate family member in the foreign nation's military and later service in the foreign nation's diplomatic corps; and, finally, by refusal to provide requested information about foreign citizen/resident family members. After being retained by JAG Defense, we were able to have the denial decision reversed, making the client eligible for access to classified information and affirmation of never having had a clearance denied for future clearance/access applications.
JAG Defense Successfully Assisted Client in Gaining New Clearance
MIDDLE ATLANTIC - Client Defense Contractor employee retained our assistance for a "Reapplication after Denial," with the previous clearance being denied under Adjudicative Guideline G – Alcohol Consumption as a result of excessive consumption for many years, five DUIs, diagnosis as alcohol dependent, and then continuing to consume alcohol notwithstanding such diagnosis. After ceasing consumption of alcohol and providing documented proof of such cessation, along with changes in behavior indicative of sobriety, we were able to assist client in being approved for a new clearance.
Categories: Security Clearance Success Stories
CAF Granted Clearance without Necessity of a Personal Appearance
MIDWEST - Client Federal Government employee of the Department of Defense was issued a Letter of Intent (LOI)/Statement of Reasons (SOR) based upon Adjudicative Guidelines: F - Financial Considerations, J - Criminal Conduct, and E - Personal Conduct as a result of 11 accounts in arrears, charged-off, in collection, foreclosed upon, past due, resulting in Judgment, and two separate Bankruptcy filings, with the debts totaling over $150,000, a warranted arrest for being a fugitive from justice, and material misrepresentations in the client's SF86/Questionnaire for National Security Positions. After submission of a detailed written response to the SOR the Central Adjudication Facility granted the clearance without the necessity of a Personal Appearance before an Administrative Judge.