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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.
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.
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 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 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.
