SOUTHEAST - Applicant employee of a Defense Contractor completed SF-86 for a Secret Clearance and, a year later, again completed an SF-86 for a Top Secret Clearance. On both questionnaires, applicant failed to disclose pre-employment drug experimentation. Background investigation disclosed prior drug use, however, applicant disclosed same to investigator. Though not technically meeting mitigating criteria of "disclosure before confrontation" application of "whole person concept" to applicant and evidence of record was sufficient to overcome Statement of Reasons (SOR) allegations based upon Guideline J - Criminal Conduct and E - Personal Conduct, resulting in Finding "For the Applicant" and granting of Security Clearance.

MIDDLE ATLANTIC - Applicant employee of a Defense Contractor issued Statement of Reasons alleging Guidelines E - Personal Conduct, G - Alcohol Consumption, and J - Criminal Conduct, as a result of at least five convictions for driving under the influence of alcohol; being arrested and charged with assault, domestic assault, destruction of private property, possession of marijuana and obstruction of justice; and falsifying answers on the SF-86 for failure to disclose some of the charges against him. After presentation of the case at a hearing, the Administrative Judge found FOR THE APPLICANT and granted the clearance.

MIDDLE ATLANTIC - Active duty Navy Chief Petty Officer denied security clearance based upon Guideline E- Personal Conduct; Guideline G - Alcohol Consumption; and, Guideline J - Criminal Conduct due to: Minor in Possession of Alcohol; Dereliction of Duty; DUI; Assault on Family Member on several occasions; Assault; Disturbing the Peace; Emergency Protective Orders and Violations of Emergency Protective Orders on several occasions; Assault and Battery and Obscene, Vulgar, Profane, Lewd or Indecent Conduct; and, Moving Traffic Violation. After appealing the denial of the clearance by presentation of case through a Personal Appearance before an Administrative Judge from the Defense Office of Hearings and Appeals (DOHA), the Department of the Navy Central Adjudication Facility (DONCAF) Personnel Security Appeals Board (PSAB) found for the Appellant and reinstated his clearance.

MIDDLE ATLANTIC - Applicant employee of Defense Contractor previously had clearance denied based upon Criterion (predecessor to Guidelines) G - Excessive alcohol consumption due to consuming alcohol to excess and to the point of intoxication over an approximate 9 year period; Violation of Open Container law and Speeding; DUI on several occasions; Drinking in Public and Violation of Open Container law; Drunk in Public; Disturbing the Peace; and, continuing to consume alcohol on a weekly basis. Several years after that denial, client again applied for a clearance and was again issued a Statement of Reasons involving now Guideline G - Excessive alcohol consumption due to previous denial and continuing to drink to excess. After working with client and being able to demonstrate that alcohol abuse was not recent; in coordination with DOHA Department Counsel we were able to have the reapplication resolved FOR THE APPLICANT and his clearance was granted without the necessity of a hearing.

MIDDLE ATLANTIC - Applicant employee of a Defense Contractor was issued a Statement of Reasons based upon Guideline H - Drug Involvement, based upon use of illegal drugs on approximately five occasions over a two month period, during a time period in which the Applicant possessed a security clearance; with drug use discovered as the result of a random urinalysis test conducted by his employer. During ensuing drug counseling Applicant was determined to be drug dependent. After presentation of case before an Administrative Judge, demonstration of drug abuse rehabilitation, whole person concept, passage of time since drug abuse and positive changes in behavior to include disassociation with those who provided the illegal drugs, finding was made FOR THE APPLICANT and clearance was continued.

MIDLE ATLANTIC - Providing the full gamut of representation, our firm first defended an active duty Navy E-9 at a Special Court Martial for use of cocaine with a resulting finding of Not Guilty. Thereafter, the Department of the Navy Central Adjudication Facility (DONCAF) issued a Letter of Intent (LOI) to revoke security clearance based upon Guidelines E - Personal Conduct, H - Drug Involvement and J - Criminal Conduct due to being charged with Violations of the UCMJ for unauthorized absence on three occasions; being charged with and pleading guilty to wrongful possession of marijuana; admitted trafficking in marijuana; allegations of being a cocaine distributor; omissions of relevant and material facts in security clearance application regarding police and military records and drug activity and testing positive for cocaine; with these acts taking place over a number of years. Upon presentation of response to the LOI we were able to explain, mitigate and provide extenuating circumstances sufficient for a finding to grant final clearance, with caution, without the necessity of a personal appearance.

WEST COAST - Active duty Air Force E-8 issued Letter of Intent (LOI) to revoke clearance based upon Guidelines E - Personal Conduct; G - Alcohol Consumption and J - Criminal Conduct due to Conviction for DUI on multiple occasions; failure to disclose all DUIs on the security clearance application; consumption of alcohol for many years to the point of passing out; issuance of bench warrant for failure to pay court imposed fine; court ordered alcohol treatment program; placement in detoxification program; failure to cease consuming alcohol; statement to OPM background investigator of the intent to continue drinking alcohol and failure to document statements regarding outpatient counseling/treatment. Upon review of Response to LOI documenting rehabilitation and change of behavior clearance was granted by the Air Force Central Adjudication Facility (AFCAF) with caution and conditions to continue demonstration of abstinence from consumption of alcohol; but without the necessity of a personal appearance before an Administrative Judge. Result FOR THE APPLICANT, clearance granted.

MIDDLE ATLANTIC - A fairly recently hired Federal Government civilian employee was issued a Notice of Intent to Suspend Access to classified material pending adjudication of security clearance issues. Because all civilian positions in the activity required possession of a valid clearance, employee was placed on administrative leave with pay for 30 days, to be followed by an indefinite period of administrative leave without pay pending final adjudication of the clearance issues. Security clearance issues were related to allegations under Adjudicative Guidelines: M - Use of Information Technology System due to misuse of a government computer and government laptop computer to visit inappropriate adult themed websites while on active duty - that resulted in the officer's decision to retire from active duty, and a requirement to go through a retirement grade determination; as well as allegations from the immediate past former employer regarding misuse of company e-mail and violations of company e-mail policies. Quickly preparing response to the Notice of Intent to Suspend Indefinitely, through written submissions and two personal presentations to the command, we were able to: first, get the command to extend the period of administrative leave with pay; and, more importantly, obtain through our written submissions and presentation to the command, command support to the Central Adjudication Facility (CAF) on behalf of the client, resulting in a favorable adjudication of the issues at the CAF without the necessity of client being placed on administrative leave without pay, issuance of a formal Letter of Intent (LOI) to revoke the clearance, or having to appear at a Personal Appearance before an Administrative Judge for an appeal to the Personnel Security Appeals Board (PSAB) of the CAF. Result - client retained a pay status throughout the proceedings and clearance was retained, with cautions.