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.

Defense Contract Employee Cleared from Foreign Influence Allegations

PACIFIC - Applicant defense contractor employee issued Statement of Reasons (SOR) for a single Guideline B - Foreign Influence allegation pertaining to having a romantic relationship with a woman from Country A, who was then residing in Country B. The interesting aspect of this case is that the government completely overlooked the more significant aspects that it was an extra-marital relationship and that the Applicant's wife was also a citizen of Country B. Addressing all three issues (citizenship and residency of paramour, extramarital relationship, citizenship of spouse) after presentation of the case the Administrative Judge found FOR THE APPLICANT and the clearance was granted.

Navy Member Cleared From Pre-Service Drug Paraphernalia Charge

PACIFIC - We were retained by an active duty member of the Navy after a determination had been made to not permit the sailor to continue in the desired military occupational specialty as a result concerns under Adjudicative Guidelines: E - Personal Conduct and H - Drug Involvement as the result of failing to disclose both a pre-service drug paraphernalia civilian charge and having been fired from a previous employer. Taking the time necessary to rehabilitate the client, we were then able to obtain chain-of-command support for a “rate conversion” which was approved – with the rate requiring a Top Secret Clearance and access to Sensitive Compartmented Information (TS/SCI).

Assisted Defense Contract Employee Cleared from Adulterous Affair

NORTHEAST - Assisted defense contractor employee through security clearance background investigation interview process once it became clear that a fraternization case involving an adulterous affair, during the client's recently completed active duty military service, had become known to the investigator. We assisted the client in mitigating the Adjudicative Guideline E - Personal Conduct “behavior,” of the affair, while avoiding any “integrity” issues. Result was that the investigation was satisfied with the explanation and the clearance was granted without a Statement of Reasons (SOR) even being issued.

Homeland Security Employee Cleared from False Timesheets

GULF COAST - Employee of Department of Homeland Security issued Letter of Revocation of clearance and access under Guideline E – Personal Conduct, due to allegations of falsifying timesheet with immediate previous employer, admission of falsifying timesheets and deliberate misrepresentation of unfavorable termination from immediate previous employer on SF-86 submitted to DHS. Retained to represent the employee after the revocation had been decided, we presented the case before the second level review official, resulting in finding for the employee and reinstatement of clearance and access.

Senior Civilian Researcher Cleared from Sharing Classified Information

WASHINGTON, DC - Senior civilian researcher, Federal Government employee issued a Letter of Intent (LOI) to revoke his clearance based upon the following allegations in the Statement of Reasons (SOR) under Guideline E – Personal Conduct and Guideline K - Security Violations: Being issued a warning for bringing an uncleared individual into a Sensitive Compartmented Information Facility (SCIF); improperly providing classified information to a news reporter; several sources with knowledge of the individual questioning the Appellant's honesty and integrity due to damage to and failure to return personal property, motives for actions taken, questioning accuracy to statements made and basis for filing grievances against the agency; arrest for stalking a co-worker; violation of security practices, misrepresenting address, and introducing recording devices into a restricted area. After submission of a response to the LOI we were able to have a number of the allegations favorably resolved and, after issuance of a Letter of Denial and then appealing that decision through a personal appearance before an Administrative Judge from the Defense Office of Hearings and Appeals (DOHA), receive a favorable recommendation, with a resulting decision by the Personnel Security Appeals Board (PSAB) of the Central Adjudication Facility finding for the Appellant and reinstating his clearance.

Reserve Officer Cleared From Foreign Alcohol Related Offense

ASIA - Reserve Officer selected for promotion to O-6 had promotion selection placed in abeyance pending resolution of Letter of Intent (LOI) to revoke Security Clearance and Sensitive Compartmented Information (SCI) access as result of following allegations involving Guidelines B – Foreign Influence, E – Personal Conduct, G – Alcohol Consumption; and J – Criminal Conduct contained in a Statement of Reasons (SOR): Employed and residing in a foreign nation for many years; possession of a permanent residence identification card for that foreign nation; charged with an alcohol related offense. Retained after the Central Adjudication Facility (CAF) has issued the letter of denial for both the clearance and SCI, we represented the officer at a personal appearance before and Administrative Judge from the Defense Office of Hearings and Appeals, resulting in a reversal by the Personnel Security Appeals Board (PSAB) of the CAF and reinstatement of the clearance and SCI access, which also cleared the way for the officer to be promoted to O-6.

Alcohol Dependent Defense Contractor Cleared from DUI and Hit & Run

SOUTHEAST - Applicant employee of a defense contractor issued Statement of Reasons (SOR) for ten different allegations under Guideline G – Alcohol Consumption as a result of consuming alcohol in excess and to the point of intoxication for a number of years, DUI and failure to stop after an accident; counseling for alcohol abuse at a number of different facilities in different states over an approximate 7 year period; and diagnosis with a history of alcohol dependence. After presentation of the case, an Administrative Judge from the Defense Office of Hearings and Appeals, found FOR THE APPLICANT and the clearance

Reserve Army Major Cleared from Allegations on Past Due Child Support

SOUTHEAST - Reserve Army Major issued a Letter of Intent (LOI) to revoke clearance based upon Statement of Reasons (SOR) allegations under Adjudicative Guideline F - Financial Considerations as the result of substantial past due balance on child support payments and proceedings in bankruptcy. Upon review of response, Army Central Clearance Facility granted clearance with warning.

Clearance Granted for Senior Airman on Excessive Use of Alcohol

MIDWEST - Senior Airman issued Letter of Denial of clearance based upon Guideline G – Alcohol Consumption due to eight different allegations related to criminal and disciplinary infractions as well as multiple additional incidents of excessive alcohol consumption. After presentation of the case at a Personal Appearance before an Administrative Judge, a favorable recommendation was issued and the Personnel Security Appeals Board (PSAB) at AFCAF found for the client and reinstated his clearance.

Defense Contract Employee Cleared from Eight Years of Alcohol Abuse

SOUTHEAST - Defense Contractor employee issued Statement of Reasons (SOR) based upon Guideline G- Alcohol Consumption and E – Personal Conduct as a result of excessive alcohol consumption for an eight year period during which the Applicant five different alcohol related driving incidents, an additional Reckless Driving to Endanger charge and falsification of material information on his SF-86. After hearing the case the Administrative Judge found FOR THE APPLICANT and granted his clearance. The government then appealed the decision to the DOHA APPEAL BOARD, which affirmed the decision of the Hearing Judge and granted the Applicant his clearance.