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.

Sr. Defense Contract Employee Cleared From Copying Classified Info

SOUTHWEST - Applicant, senior employee of a Defense Contractor was issued a Statement of Reasons (SOR) as a result of 19 different allegations under Guidelines E – Personal Conduct, J- Criminal Conduct and K – Handling Protected Information (i.e., security violations). These allegations included such reported incidents as knowingly copying classified information to unclassified medium, knowingly and improperly bringing recording equipment into a project secure area in violation of the National Industrial Security Program Operating Manual (NISPOM), and multiple allegations of false statements and misinformation during the application, interview and adjudication process. After an extremely contentious eight hour hearing the Administrative Judge found FOR THE APPLICANT on all allegations and the clearance was granted.

Federal Government Civilian Employee Cleared of Travel Claim Fraud

EUROPE - Applicant Federal Government civilian employee assigned at an overseas military installation received Letter of Intent (LOI) and Statement of Reasons (SOR) based upon Guideline F – Financial Considerations, Guideline J – Criminal Conduct as a result of multiple debts being in collection and/or charged off in excess of $24,000; and multiple instances of travel claim fraud. Client responded to LOI, however, Central Adjudication Facility revoked clearance and client appealed. After being retained to represent client at a Personal Appearance before an Administrative Judge from the Defense Office of Hearings and Appeals, the Central Adjudication Facility reversed its previous decision and reinstated the clearance.

Defense Contractor Applicant Cleared From Failure to Follow Protocol

WEST COAST - Applicant defense contractor employee issued Statement of Reasons based upon Guideline K – Handling Protected Information and Guideline E – Personal Conduct as a result of three separate security violations, over a two year period of time: by forwarding computer files that could result in the revelation of classified material, failing to perform require Information System Security Officer responsibilities, and leaving his computer access open and used by other employees over extended periods of time. After presentation of the case at a hearing before an Administrative Judge, all allegations were found “For the Applicant” and his clearance was restored.

Defense Contract Employee Cleared of DUI Charges & Child Cruelty

MIDDLE ATLANTIC - Applicant employee of a defense contractor was issued a Statement of Reasons (SOR) based upon Guideline E – Personal Conduct and Guideline J – Criminal Conduct as a result of arrest and charges of DUI, Obstruction of Justice and Cruelty to a child. The charges included action in switching places with an underage child permitted to operate a motor vehicle when the Applicant had consumed too much alcohol to safely operate a vehicle. After presentation of the case to an Administrative Judge the finding was FOR THE APPLICANT and the clearance was granted.

Defense Contract Employee Cleared of Failure to Disclose Abuse

MIDDLE ATLANTIC - Applicant employee of a defense contractor was issued a Statement of Reasons (SOR) based upon Guideline E- Personal Conduct as a result of a 10 year period of drug use while on active duty in the military, testing positive two separate times while in the military, being administratively discharged from the military because of the positive urinalysis tests, continuing to abuse illegal drugs for a number of years after being discharged from the military for drug abuse; falsifying two separate SF-86 forms by failing to fully disclose drug use; being charged with possession of illegal drugs and drug paraphernalia subsequent to completion of the most recent SF-86 (with the falsification allegation from that SF-86 mentioned above). After presentation of the case to the Administrative Judge the finding was FOR THE APPLICANT and the clearance was granted.

Defense Contract Employee Cleared of Falsified Divorce Decree & Signature Forgery

ASIA - Applicant employee of a defense contractor was issued Statement of Reasons (SOR) based upon Guidelines E – Personal Conduct and J – Criminal Conduct as result of forging the signature of a State Court Judge on a falsified divorce decree; which conduct occurred during his active duty military career and is considered to be a Felony offense. After presentation of the case before an Administrative Judge, the finding was FOR THE APPLICANT and his clearance was granted. The Government then filed a Notice of Appeal. Presenting a strong case of mitigation to the Chief Department Counsel, the government reconsidered and withdrew the intent to appeal and the final decision was for the client to retain the clearance.

Couple Receive Clearance from Failure to Disclose Foreign Activities

WEST COAST - Assisted husband and wife co-Applicants for clearances after each received virtually mirror-image Statements of Reasons (SOR) based upon Guidelines B – Foreign Influence, E – Personal Conduct, and L – Outside Activities related to numerous family members being citizens/residents of a foreign country, monetary contributions towards that foreign country, ownership of foreign businesses and failure to disclose material facts (related to the other allegations) during the Application process. After successfully obtaining the first clearance following presentation of the case at a hearing before an Administrative Judge; we were then able to parlay that favorable adjudication and some minor additional information through the Defense Industrial Security Office (DISCO) and obtain the spouse's clearance without the necessity of a second hearing.

Client Cleared of Nine Different Debts & Delinquet Accounts

MIDDLE EAST - Client applied for and was selected to serve in a contractor employee support position under a Department of State (DoS) contract in Iraq. Subsequent to being hired, the DoS Contract Review Panel rejected client's employment based upon a “suitability determination” – which process utilizes the same adjudicative Guidelines as are applied in security clearance adjudications – based upon Guideline F – Financial Considerations concerning 9 different charged-off, past-due and delinquent accounts totaling in excess of $50,000. After preparing and submitting an appeal to the Contract Review Panel, the client was found suitable for employment and was able to continue with his employment.

Army O-5 Cleared of Using Drugs During Active Duty

SOUTHEAST - Army O-5 abused drugs for 4 years while holding a Top Secret clearance on active duty. This drug abuse continued during his security clearance periodic review, leading him to lie on his SF86 about his drug use. Ultimately, he was arrested and convicted of drug possession, but permitted to retire from the military. Upon retaining our services, we worked with him over a period of years to mitigate his past behavior in efforts to obtain a clearance as a civilian. Based upon our guidance, assistance in executing his SF86, and preparation for his OPM interview, our client was granted a Top Secret clearance without even receiving a Letter of Intent.

Air Force O-4 Cleared from Inappropriate Touching While Intoxicated

WEST COAST - Air Force O-4 given an Article 15 for inappropriately touching an enlisted member while intoxicated. Approximately a year later, the officer was given a 2nd Article 15 for another alcohol-related incident, and a Letter of Reprimand for failing to disclose the 2nd incident during his Top Secret clearance periodic review. Based upon these incidents, our client was issued a Letter of Intent to Revoke his Security Clearance under Adjudicative Guidelines: J - Criminal Conduct, G - Alcohol Consumption, and E - Personal Conduct, and his command began preparations for a subsequent administrative discharge action. Upon being retained, JAG Defense prepared a compelling response package to the Letter of Intent, which successfully mitigated all concerns. Result: Client retained Top Secret clearance and command has ceased all discharge processing.