Defense Contract Employee Cleared From Failure to Disclose Drug Use

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.

Defense Contract Employee Cleared from DUIs, Drug Abuse, & Assault

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.

Navy Chief Petty Officer Cleared from Assaults, Alcohol Abuse, & Lewd Conduct

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.

Favorable Clearance Results for Active Duty Navy E-9's Use of Cocaine

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.

Active Duty Air Force E-8 Cleared from Alcohol Abuse Charges

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.

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.