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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.
Reserve Officer Retains Security Clearance after Misuse of Gov IT System.
WASHINGTON, DC - Reserve Officer received a Letter of Intent (LOI), from the Service's Central Adjudication Facility, to revoke security clearance based upon Guideline E - Personal Conduct; and Guideline M - Misuse of Information Technology System (accessing pornographic Web sites on a government computer on a number of occasions, for which the officer also received NJP). Assistance provided by our firm in responding to the LOI, demonstrating "whole person concept" - to balance out relatively isolated instances of misconduct - was sufficient for officer to retain clearance without necessity of appearing before an Administrative Judge and further administrative action, thereby permitting officer to retain clearance that was necessary for continued employment with defense contractor in civilian sector as well as for Reserve duty.
Defense Contract Employee Gains Security Cleared Despite Multiple DUIs
MIDDLE ATLANTIC - Applicant employee of a Defense Contractor denied Security Clearance based on Guideline G – Alcohol Consumption (Drinking to excess/intoxication from 1975-2002, Conviction for drunk in public, Four convictions for DUI to include felony conviction and jail term, Suspended drivers license as result of DUI's, Conviction for driving on suspended license, Alcohol abuse treatment on two separate occasions); and Guideline J – Criminal Conduct (Arrested & charged with felony false imprisonment & kidnapping, Conviction for driving on suspended license). After presentation of case at DOHA hearing Administrative Judge found “For the Applicant” on all issues and CLEARANCE WAS GRANTED. Government appealed the decision by the Administrative Judge, with the Appeals Board affirming the Administrative Judge's favorable decision, constituting a FINAL DECISION GRANTING THE CLEARANCE.
Security Clearance Application Approved Due to Application Reliability
WASHINGTON, DC - Applicant's Statement of Reasons was based upon (Guideline B - Foreign Influence) parents and grandmother are residents and citizens of Hong Kong. Applicant traveled to Hong Kong on at least six occasions between 1997 and 1999. Evidence presented at hearing regarding parents permanent U.S. resident status and their intent to immigrate to U.S. along with testimony of applicant's reliability and trustworthiness, immigration and citizenship of numerous applicant and applicant's spouse siblings and birth of applicant's child in U.S. Result: Decision for Applicant granting security clearance.
Categories: Security Clearance Success Stories
Applicant's Frequent Use of Foreign Passport Favorably Resolved
SOUTHEAST - Applicant's Statement of Reasons was based upon (Guideline B - Foreign Influence) parents and six siblings being residents and citizens of Republic of Korea and applicant has monthly contact with them. Applicant also traveled to the Republic of Korea on numerous occasions between 1999 and 2002 as well as residing in Republic of Korea from 1995 to 1998. During hearing additional issue concerning use of foreign passport subsequent to naturalization as U.S. citizen was raised and favorably resolved. Decision for Applicant granting security clearance.
Categories: Security Clearance Success Stories
Dept. of Justice Employee Cleared from Failure to Secure Classified Material Concerns
CENTRAL AMERICA - Applicant employed by Department of Justice in the Bureau of Alcohol, Tobacco, Firearms and Explosives at an overseas U.S. Embassy. Received Letter of Intent to revoke clearance based on: Guideline B - ; Guideline E - Personal Conduct for record of misconduct to include dishonesty in provision of information related to periodic review of clearance regarding that previous misconduct which resulted in a revocation of applicant's clearance; and Guideline K - Security Violation for a failure to secure classified material. After submission of response to letter of intent, CLEARANCE GRANTED without necessity of appearance before Access Review Committee.
Applicant’s Reputable Honesty Results in Security Clearance
PACIFIC - Applicant's Statement of Reasons was based upon (Guideline B - Foreign Influence) parents and brother are citizens of the People's Republic of China (PRC) and reside in Hong Kong; sister, parents-in-law and sister-in-law are citizens of the PRC and Reside in the PRC; Applicant maintains regular contact with parents and parents-in-law; Applicant traveled to PRC and Applicant worked as an engineer for a University in the PRC. Evidence presented at hearing showed Applicant and Applicant's spouse are naturalized U.S. citizens, have significant ties in U.S. and that political and economic persecution of Applicant's family by government of PRC, along with Applicant's strong reputation for honesty and trustworthiness resulted in finding it was consistent with National Security for Applicant to have clearance. Result: FOR THE APPLICANT, clearance granted.
Categories: Security Clearance Success Stories
Defense Contract Employee Cleared from Consistent Alcohol and Drug Abuse
MIDDLE ATLANTIC - Applicant employee of a Defense Contractor denied Security Clearance based on Guideline G – Alcohol Consumption (Drinking to excess/intoxication and blackouts from 1970-2003, Conviction for DUI, Alcohol abuse treatment for alcohol dependence, and continuing to consume alcohol after treatment and diagnosis of alcohol dependence); and Guideline H – Illegal Drug Use (Use of marijuana with varying frequency from 1974 to 1983 and during 2002, purchase of marijuana, treatment for one year for cannabis abuse, use of marijuana on multiple occasions while possessing a Security Clearance). After presentation of case at DOHA hearing Administrative Judge found “For the Applicant” on all issues and CLEARANCE WAS GRANTED.
Navy, Senior Civilian Employee Clearance Restored After Multiple Misconducts
WEST COAST - Department of the Navy, Senior Civilian employee, received Letter of Intent (LOI) to revoke clearance based upon Guidelines: E - Personal Conduct; G - Alcohol Consumption; J - Criminal Conduct; and, I - Emotional, Mental and Personality Disorders, based upon multiple DUI's; counseling from, but denial of consultation with mental health providers; history of participation in alcohol treatment programs before and after DUI offenses; and, refusal to discontinue drinking despite history of alcohol-related incidents. Response to LOI sufficient for DONCAF to restore clearance, without necessity of personal appearance, thereby permitting return by employee to full-time employment after having been placed on administrative leave without pay.
Dual Citizen Defense Contract Employee Granted Security Clearance
MIDDLE ATLANTIC - Applicant employee of a Defense Contractor denied Security Clearance based upon Guidelines B - Foreign Influence and C - Foreign Preference because Applicant exercised dual citizenship, possessed a foreign passport, carries both the U.S. and foreign passport when traveling, renewed foreign citizenship after becoming naturalized U.S. citizen and maintains close ties to family members who are residents and citizens of a foreign country. After presentation of case at DOHA hearing Administrative Judge found "For the Applicant" on all issues and CLEARANCE WAS GRANTED.
Defense Contract Employee Cleared After Alcohol Related Arrests & Convictions
MIDDLE ATLANTIC - Applicant employee of a Defense Contractor denied Security Clearance based upon Guidelines E - Personal Conduct and J - Criminal Conduct based upon record of Alcohol Related arrests and convictions as well as deliberate misrepresentation/omission of same on SF-86 and during interview with investigator. Applicant did not disclose full information until after being confronted by investigator during a second background investigation interview. After presentation of case at DOHA hearing Administrative Judge found "For the Applicant" on all issues and CLEARANCE WAS GRANTED.