Security Clearance Success Stories

WEST COAST: Active duty E-6 received Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines for Personal Conduct and Financial Considerations concerning eight accounts in arrears/collection/bad debts totaling approximately $25,000 as well as the omission of relevant and material facts on the SF86 and admissions during OPM background investigation to spending more money than was being earned. After submission of detailed response to SOR, Central Adjudication Facility (CAF) found FOR THE APPLICANT and granted the clearance without the necessity of a Personal Appearance before an Administrative Judge from the Defense Office of Hearings and Appeals (DOHA).

SOUTHEAST: Marine Corps O-5 was issued Letter of Intent (LOI)/Statement of Reasons (SOR) to revoke security clearance and access to Sensitive Compartmented Information (SCI), under Adjudicative Guidelines Personal Conduct, Handling Protected Information, and Misuse of Information Technology Systems due to mishandling of classified information by leaving it on a desk; mishandling classified information at work station; sending classified attachment on a NIPR email; having classified documents on NIPR hard drive; dozens of classified documents on a NIPR share drive; being repeatedly counseled on proper handling of classified materials. After DON CAF denied clearance, client retained JAG Defense. After presentation of case at Personal Appearance before Administrative Judge from Defense Office of Hearings and Appeals, the Personnel Security Appeals Board (PSAB) found FOR THE APPELLANT and the clearance was reinstated.

WASHINGTON, DC: Department of the Navy civilian employee was issued Letter of Intent (LOI)/Statement of Reasons (SOR) to revoke eligibility for security clearance and assignment to a sensitive position, under Adjudicative Guidelines Foreign Influence, Personal Conduct, and Handling Protected Information due to Post-Test (polygraph) interview with the FBI as result of developing a personal relationship with a foreign military officer and, over a one-year period assisting the foreign officer’s family, social interactions, probable discussions about military operations, logistical, transportation, engineering capabilities, debarkation and time movement nodes, US chemical and biological capabilities, and military units reporting responsibilities per operations plans; other foreign contacts and failure to disclose those other foreign contacts. After presentation of a substantial response, DON CAF GRANTED THE CLEARANCE and favorable suitability determination.

EUROPE: Department of the Navy O-4 issued Letter of Intent (LOI)/Statement of Reasons (SOR) to revoke eligibility for security clearance and access to Sensitive Compartmented Information (SCI) under Adjudicative Guideline Foreign Influence due to marriage to foreign national military service member, and for having close personal relationships with foreign national citizens from various countries. After DON CAF denied the clearance/access JAG Defense was retained and, after a Personal Appearance before an Administrative Judge the DON CAF Personnel Security Appeals Board (PSAB) GRANTED THE CLEARANCE and SCI access.

SOUTH: SNCO/E-8 issued Letter of Intent (LOI)/Statement of Reasons (SOR) for Financial Considerations concerning State tax lien for unpaid taxes for several years; Child support in arrears placed in collection for over $30,000 as the result of not making full support payments over a period of approximately 7 years; and additional past due debt not being paid. After presentation of information in his response to the Central Adjudication Facility (CAF) of the client's diligent efforts to meet financial obligations, superior personal and professional performance and conduct demonstrating a pattern of reliability, trustworthiness and ability to protect classified information, the CAF found Conditionally FOR THE APPLICANT without the necessity of a Personal Appearance before an Administrative Judge. The client need only continue to demonstrate responsible steps in paying off the debts in arrears through quarterly financial status reports to the command.

SOUTHWEST: Defense Contractor issues Statement of Reasons (SOR) to revoke clearance under Guideline G – Alcohol Consumption due to excessive alcohol consumption over a 28 year period; two DUI convictions; seven different inpatient and outpatient alcohol treatment programs; court ordered and monitored Antabuse program and Interlock ignition system. After presentation of case at a Hearing the Administrative Judge found FOR THE APPLICANT and the clearance was granted.

 

MIDDLE ATLANTIC - Department of Defense civilian employee issued Statement of Reasons (SOR) under Guideline D - Sexual Behavior, as result of investigation into inappropriate behavior (sexual harassment) and personal conduct disclosed 6 specific allegations of misconduct over an extended period of time resulting in removal from senior official position/Federal Service. After substantial explanation of circumstances and events, CentralAdjudication Facility found FOR THE APPLICANT just two days after receiving client's Response to the SOR.

MIDDLE ATLANTIC: Civilian employee of the Department of the Navy was issued a Letter of Intent/Statement of Reasons to revoke his security clearance based upon Guideline E – Personal Conduct, Guideline F – Financial Considerations, Guideline G – Alcohol Consumption, Guideline H – Drug Involvement, and Guideline J – Criminal Conduct. While holding a clearance, our client declared bankruptcy, used cocaine, and was arrested for cocaine possession and DUI. Working with the client for over a year, we aided him in obtaining counseling and rehabilitation and making lifestyle changes. After presentation of our case demonstrating substantial behavior changes and excellent prognosis, the Administrative Judge ruled FOR THE APPLICANT granting security clearance

SOUTHWEST - SNCO/E-8 issued Letter of Intent (LOI)/Statement of Reasons (SOR) for Financial Considerations concerning State tax lien for unpaid taxes for several years; Child support in arrears placed in collection for over $30,000 as the result of not making full support payments over a period of approximately 7 years; and additional past due debt not being paid. After presentation of information in his response to the Central
Adjudication Facility (CAF) of the client's diligent efforts to meet financial obligations, superior personal and professional performance and conduct demonstrating a pattern of reliability, trustworthiness and ability to protect classified information, the CAF found Conditionally FOR THE APPLICANT without the necessity of a Personal Appearance before an Administrative Judge. The client need only continue to demonstrate responsible steps in paying off the debts in arrears through quarterly financial status reports to the command.

SOUTHEAST – Air Force O-6 Commanding Officer engaged in an unprofessional relationship with an O-3 subordinate officer, resulting in an Article 15 and removal from command. Our client was issued a Letter of Intent to revoke his Top Secret Security Clearance. Our comprehensive response package to the Letter of Intent successfully mitigated all concerns, and adjudication was completed within 2 weeks. Result: Client retained his Top Secret Security Clearance without even having to appear before an Administrative Law Judge.

WEST – Applicant Defense Contractor received Statement of Reasons (SOR) detailing twelve different Guideline G - Alcohol Consumption - alcohol-related events to include multiple vehicular incidents, accidents, DUIs, and treatment/counseling program participation. After presentation of the case, the Administrative Judge found FOR THE APPLICANT and the clearance was approved.

SOUTHEAST – A civilian employee for the Department of the Air Force received an inquiry from the USAF Central Adjudication Facility (AFCAF) via the employee's security office that preliminary concerns had been raised regarding significant failures to disclose previous drug involvement, alcohol consumption and alcohol-related incidents, criminal conduct, and treatment programs entered, why enrolled, completion dates and prognosis. Working with the client to ensure that ALL concerns related to previous integrity issues were fully disclosed and addressed, as well as detailing all alcohol and drug related incidents as well as a favorable prognosis, we were able to successfully retain the clearance for the client and avoid even the issuance of a Letter of Intent (LOI) and Statement of Reasons (SOR).

SOUTHEAST – A civilian employee for the Department of Energy (DOE) was denied for a Q-clearance based upon an extensive history of alcohol abuse, which included 4 DUIs. During his security clearance interview with a DOE psychologist, our client admitted to continued social drinking. Following the advice of the DOE psychologist, the DOE denied our client his Q-clearance, leading him to retain the services of JAG Defense. Our attorneys put together an extensive response package demonstrating our client’s rehabilitation, including a second opinion from a psychologist specializing in addictions. At his personal appearance, we presented testimony from numerous witnesses about our client’s lifestyle changes, and argued that he was successfully rehabilitated. Result: Over the continuing objection of the DOE psychologist, our client was granted his Q-clearance by the hearing officer.

SOUTHEAST – A civilian employee with the Navy had experienced significant financial struggles for decades. These struggles included two separate bankruptcies, the most recent in 2002. Even after the bankruptcies, our client continued to experience financial difficulties, including very large delinquent mortgage payments. In addition, our client failed to disclose his 2002 bankruptcy to security personnel. Based on the foregoing, our client was issued a Letter of Intent/Statement of Reasons to revoke his Top Secret security clearance. After retaining our services, we worked with our client to set up payment plans on his current debt, and mitigated all other security concerns. Based upon our comprehensive response package to the Letter of Intent, our client was able to retain his Top Secret clearance.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

SOUTHEAST – Reserve Army Major issued a Letter of Intent (LOI) to revoke clearance based upon Statement of Reasons (SOR) allegations 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.

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

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.

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.

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.

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 “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.

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 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).

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.

MIDDLE ATLANTIC - Employee of Defense Contractor issues Statement of Reasons based upon Guideline G - Excessive alcohol consumption as result of consuming alcohol at times to excess and to the point of intoxication over a 16 year period, Drinking in Public and two DUI convictions with corresponding punishments, license suspensions, probations, fines and alcohol treatment program. After presentation of case finding was FOR THE APPLICANT and clearance was retained.

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 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.

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 – 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.

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.

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 – 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 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.

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.

NEW ENGLAND – Applicant native of the Republic of China and naturalized U.S. citizen, who is a senior fellow with a Defense Contractor, was issued a Statement of Reasons (SOR) alleging Guideline B - Foreign Influence and Guideline C - Foreign Preference concerns due to renewal and use of Taiwanese passport after becoming naturalized U.S. citizen and due to various family members by blood and marriage residing in Taiwan. Subsequent to hearing, government moved to reopen the case and amend the SOR to include Guideline K - Security violation and possibly Guideline E - Personal Conduct for failure to disclose security incident that occurred prior to the hearing in the case. Additional submissions by Applicant and agreed to stipulation by the parties were provided to the Administrative Judge for consideration in the matter, mitigating all concerns and demonstrating that a determination there had been a security violation had not been made prior to the hearing, thus no Guideline E issue and ultimately resulting in a finding FOR THE APPLICANT on all allegations and GRANTING of SECURITY CLEARANCE.

EUROPE – Civilian employee of Department of the Army issued a Letter of Intent (LOI) to revoke Sensitive Compartmented Information (SCI) Access Eligibility and Security Clearance based upon Guideline F- Financial Considerations as result of five past due accounts, two accounts in collection and incomplete information provided regarding financial obligations. Upon failing to respond to the LOI, the access eligibility and clearance were revoked. Employee subsequently requested reconsideration of that decision, however, while it was being considered a subsequent LOI was issued based upon additional Guideline F - Financial Considerations arising, consisting of two accounts being placed for collection; Guideline J - Criminal Conduct as a result of a DUI and fleeing the scene of an accident; and two incident reports for sexual and criminal conduct (rape and sexual assault), three years apart, involving separate individuals; Guideline D - Sexual Behavior, regarding those two incident reports; Guideline E - Personal Conduct resulting from both the reported incidents as well as unfavorable information provided by others; and, Guideline G - Alcohol Consumption involving the above incidents. After consideration of the response to the LOIs prepared by our office, and without requiring a the necessity of a personal appearance, the Army's Central Adjudication Facility (CCF) reinstated the Special Access Eligibility and Security Clearance.

WASHINGTON, D.C. – Reserve O-5 issued Letter of Intent (LOI) to revoke clearance after having recently favorably appealed a previous revocation of security clearance and granting of clearance with caution. Initial denial was based upon allegations of child emotional and physical abuse, arrests for assault, assault and battery, domestic assault, assault and battery on a family member and obstruction of justice on five different occasions. Within two weeks of the previous granting of the clearance with caution, the officer was charged with felony hit and run as well as reports being received of the officer engaging in an inappropriate personal relationship outside of marriage and the unauthorized disclosure of classified information to that person. Coincidental with these issues arising in the military context, client was in the process of obtaining adjudication for a clearance as a civilian employee of a different Federal Agency. After presentation of a response package, in answer to the LOI, to the Military Service's Central Adjudication Facility the CLEARANCE was REINSTATED, again with caution, and without the necessity of a personal appearance before an Administrative Judge. The client was then able to submit the response to the military LOI to the other Federal Agency and obtain a clearance .

WEST COAST – Active duty E-5 issued Letter of Intent (LOI) to deny Security clearance based upon Guidelines E - Personal Conduct, F - Financial Considerations and J - Criminal Conduct as result of assault and financial Judgments (two), Collections/Bad Debts (eight) and Past Due accounts (one). The Central Adjudication Facility (CAF) did not accept the service member's response to the LOI as satisfactory and issued a Letter of Denial (LOD), revoking the clearance. After the clearance was denied we were retained and represented the service member at a personal appearance which resulted in a favorable recommendation by the Administrative Judge followed by reinstatement of the clearance by the Personal Security Appeals Board (PSAB) at the CAF. Result: For the service member and CLEARANCE GRANTED. from that Agency as well.

WEST COAST – Applicant employee of a defense contractor issued Statement of Reasons recommending denial of security clearance based upon Guideline G - (Alcohol Consumption) due to consumption of alcohol to excess and the point of intoxication over a nearly 40 year period; DUI conviction; denials of special access programs on three previous occasions over a recent 17 year period due to excess alcohol consumption; continuing to drink to excess after evaluation and treatment for alcohol abuse and against medical advice notwithstanding being at risk for alcohol dependence with continued alcohol consumption and after the denials of access to special access programs. After presentation of case demonstrating substantial behavior changes and excellent prognosis Administrative Judge ruled FOR THE APPLICANT granting security clearance.

WASHINGTON, D.C. – Officer issued Letter of Intent (LOI) to deny security clearance based upon Guideline D - (Sexual Behavior), Guideline E - (Personal Conduct), Guideline F - (Financial Considerations) and Guideline J - (Criminal Conduct) as a result of receiving nonjudicial punishment for Violations of UCMJ Articles 133 and 134, inappropriate relationship with a civilian employee and fraternization with an enlisted subordinate, and numerous bad debts and accounts in collection. After submission of detailed explanation of extenuating and mitigating circumstance, resolution of financial concerns and ability to minimize UCMJ violations, client was issued security clearance without necessity of representation at an appearance before an Administrative Judge.

SOUTHEAST – Senior Executive with Defense Contractor issued Letter of Intent (LOI) to deny Special Access (Sensitive Compartmented Information - SCI) by Department of the Navy Central Adjudication Facility (DONCAF) due to Guideline H - (Drug Involvement) as result of multiple occasions of purchase and use of cocaine and Guideline E (Personal Conduct) for failing to fully and completely disclose drug use on SF-86 (Questionnaire for National Security Positions) and during background investigation interview. After review of our prepared response to the LOI, DONCAF granted DCID 6/4 SCI access without necessity of a personal appearance.

WASHINGTON, D.C. – Federal Air Marshall (FAM) issued Letter of Denial of Security Clearance by Department of Homeland Security (DHS)/Transportation Security Administration (TSA) due to Guideline J - Criminal Activity (Assault while employed as a law enforcement officer); Guideline D - Sexual Behavior (Multiple extra-marital affairs) and Guideline E - Personal Conduct (Committed assault while consuming alcohol and Guideline D item). We represented client at appearance before security appeals panel, however, determination was made by that agency to deny clearance. Client then used same defense package that we prepared for DHS/TSA and obtained various levels of clearances from three different Federal agencies to include Department of State (DOS) and Department of Defense (DoD).

MIDDLE ATLANTIC – Active duty USMC E-8 issued Letter of Intent to deny Security Clearance based upon Guideline E (Personal Conduct), Guideline F (Financial Considerations) as result of approximately 20 accounts in collection/arrears/delinquent, totaling over $20,000, and Guideline J (Criminal Conduct) due to violations of UCMJ Articles 86, 91 and 92, investigation as suspect into violation of UCMJ Article 121; prior admission of illegal drug use; and as result of having previously received a favorable security clearance determination, with warning, in 1991 based upon financial irresponsibility. Clearance was then denied by Department of the Navy Central Adjudication Facility ( DONCAF) however, we appealed the decision through a personal appearance before an Administrative Judge, obtained a favorable recommendation by the Judge and granting of the appeal by the Personal Security Appeals Board (PSAB) of DONCAF, reinstating the clearance, with conditions.

WEST COAST – Applicant senior employee of Defense Contractor issued Statement of Reasons recommending denial of security clearance based upon Guideline B (Foreign Influence) as result of father being a resident and citizen of a foreign country, father residing with Applicant periodically in the U.S., Applicant contributing to father's monthly support while residing overseas, Applicant's overseas travel to country of father's residence, Applicant providing information and documents to member of a foreign service while in possession of a security clearance, and Applicant being compensated for delivering a lecture to a foreign institute while possessing a security clearance. After presentation of case, Administrative Judge issued decision FOR THE APPLICANT, granting security clearance.

MIDDLE ATLANTIC – Applicant employee of Defense Contractor issued Statement of Reasons recommending denial of security clearance based upon Guideline J - Criminal Conduct due to three separate arrests/convictions for domestic assault/battery over an extended period of time. After presenting evidence to rebut number of convictions and extenuating circumstances regarding other incidents decision issued "For the Applicant" resulting in GRANTING OF SECURITY CLEARANCE.

MIDDLE ATLANTIC – Applicant, senior official at NASA, issued a Letter of Intent to deny clearance based upon Guideline B (Foreign Influence) and Guideline L (Outside Activities) as a result of ownership interest in foreign business enterprise; Guideline F (Financial Considerations) and Guideline E (Personal Conduct) for failure to file State Income Tax returns for several consecutive years; Guideline L (Outside Activities) for consulting work concerning foreign business enterprise; Guideline E (Personal Conduct) and Guideline I (Emotional Mental and Personality Disorders) based upon statements from supervisors, co-workers and acquaintances indicating reservations in applicant having access to classified information; Guideline E (Personal Conduct) and Guideline F (Financial Considerations) resulting in the inactivation of applicant's government credit card due to mismanagement of the account; and, Guideline F (Financial Considerations) due to unpaid account information in applicant's credit report.

We prepared and submitted a "voluminous" response for Applicant documenting: gross distortion/fabrication of allegations; miss-statements in investigator's summary of comments attributed to the sources of the allegations; demonstration of whistle blower retaliatory actions by former supervisors in an effort to use security clearance mechanism to "get back" at applicant; and clarification of delayed receipt of filed tax returns (vice not filing of tax returns) with no outstanding credit issues against applicant which resulted in clearance being granted to applicant. Action also taken to have unsupported allegations removed from Applicant's OPM Investigative file in order to preclude ability to use this unsupported information in future clearance adjudication procedures.

MIDDLE ATLANTIC – Applicant employee of a Defense Contractor denied Security Clearance based upon Guidelines E - Personal Conduct and J - Criminal Conduct based upon record of Alcohol Related arrests and convictions as well as deliberate misrepresentation/omission of same on SF-86 and during interview with investigator. Applicant did not disclose full information until after being confronted by investigator during a second background investigation interview. After presentation of case at DOHA hearing Administrative Judge found "For the Applicant" on all issues and CLEARANCE WAS GRANTED.

MIDDLE ATLANTIC – Applicant employee of a Defense Contractor denied Security Clearance based upon Guidelines B - Foreign Influence and C - Foreign Preference because Applicant exercised dual citizenship, possessed a foreign passport, carries both the U.S. and foreign passport when traveling, renewed foreign citizenship after becoming naturalized U.S. citizen and maintains close ties to family members who are residents and citizens of a foreign country. After presentation of case at DOHA hearing Administrative Judge found "For the Applicant" on all issues and CLEARANCE WAS GRANTED.

WEST COAST – Department of the Navy, Senior Civilian employee, received Letter of Intent (LOI) to revoke clearance based upon Guidelines: E - Personal Conduct; G - Alcohol Consumption; J - Criminal Conduct; and, I - Emotional, Mental and Personality Disorders, based upon multiple DUI's; counseling from, but denial of consultation with mental health providers; history of participation in alcohol treatment programs before and after DUI offenses; and, refusal to discontinue drinking despite history of alcohol-related incidents. Response to LOI sufficient for DONCAF to restore clearance, without necessity of personal appearance, thereby permitting return by employee to full-time employment after having been placed on administrative leave without pay.

MIDDLE ATLANTIC – Applicant employee of a Defense Contractor denied Security Clearance based on Guideline G – Alcohol Consumption (Drinking to excess/intoxication and blackouts from 1970-2003, Conviction for DUI, Alcohol abuse treatment for alcohol dependence, and continuing to consume alcohol after treatment and diagnosis of alcohol dependence); and Guideline H – Illegal Drug Use (Use of marijuana with varying frequency from 1974 to 1983 and during 2002, purchase of marijuana, treatment for one year for cannabis abuse, use of marijuana on multiple occasions while possessing a Security Clearance). After presentation of case at DOHA hearing Administrative Judge found “For the Applicant” on all issues and CLEARANCE WAS GRANTED.

PACIFIC – Applicant's Statement of Reasons was based upon (Guideline B - Foreign Influence) parents and brother are citizens of the People's Republic of China (PRC) and reside in Hong Kong; sister, parents-in-law and sister-in-law are citizens of the PRC and Reside in the PRC; Applicant maintains regular contact with parents and parents-in-law; Applicant traveled to PRC and Applicant worked as an engineer for a University in the PRC. Evidence presented at hearing showed Applicant and Applicant's spouse are naturalized U.S. citizens, have significant ties in U.S. and that political and economic persecution of Applicant's family by government of PRC, along with Applicant's strong reputation for honesty and trustworthiness resulted in finding it was consistent with National Security for Applicant to have clearance. Result: FOR THE APPLICANT, clearance granted.

CENTRAL AMERICA – Applicant employed by Department of Justice in the Bureau of Alcohol, Tobacco, Firearms and Explosives at an overseas U.S. Embassy. Received Letter of Intent to revoke clearance based on: Guideline B - Foreign Influence as a result of relationships with several foreign nationals and ultimate marriage to a foreign national who was employed by the host foreign government; Guideline E - Personal Conduct for record of misconduct to include dishonesty in provision of information related to periodic review of clearance regarding that previous misconduct which resulted in a revocation of applicant's clearance; and Guideline K - Security Violation for a failure to secure classified material. After submission of response to letter of intent, CLEARANCE GRANTED without necessity of appearance before Access Review Committee.

SOUTHEAST – Applicant's Statement of Reasons was based upon (Guideline B - Foreign Influence) parents and six siblings being residents and citizens of Republic of Korea and applicant has monthly contact with them. Applicant also traveled to the Republic of Korea on numerous occasions between 1999 and 2002 as well as residing in Republic of Korea from 1995 to 1998. During hearing additional issue concerning use of foreign passport subsequent to naturalization as U.S. citizen was raised and favorably resolved. Decision for Applicant granting security clearance.

WASHINGTON, D.C. – Applicant's Statement of Reasons was based upon (Guideline B - Foreign Influence) parents and grandmother are residents and citizens of Hong Kong. Applicant traveled to Hong Kong on at least six occasions between 1997 and 1999. Evidence presented at hearing regarding parents permanent U.S. resident status and their intent to immigrate to U.S. along with testimony of applicant's reliability and trustworthiness, immigration and citizenship of numerous applicant and applicant's spouse siblings and birth of applicant's child in U.S. Result: Decision for Applicant granting security clearance.

MIDDLE ATLANTIC – Applicant employee of a Defense Contractor denied Security Clearance based on Guideline G – Alcohol Consumption (Drinking to excess/intoxication from 1975-2002, Conviction for drunk in public, Four convictions for DUI to include felony conviction and jail term, Suspended drivers license as result of DUI's, Conviction for driving on suspended license, Alcohol abuse treatment on two separate occasions); and Guideline J – Criminal Conduct (Arrested & charged with felony false imprisonment & kidnapping, Conviction for driving on suspended license). After presentation of case at DOHA hearing Administrative Judge found “For the Applicant” on all issues and CLEARANCE WAS GRANTED. Government appealed the decision by the Administrative Judge, with the Appeals Board affirming the Administrative Judge's favorable decision, constituting a FINAL DECISION GRANTING THE CLEARANCE.

WASHINGTON, D.C. – Reserve Officer received a Letter of Intent (LOI), from the Service's Central Adjudication Facility, to revoke security clearance based upon Guideline E - Personal Conduct; and Guideline M - Misuse of Information Technology System (accessing pornographic Web sites on a government computer on a number of occasions, for which the officer also received NJP). Assistance provided by our firm in responding to the LOI, demonstrating "whole person concept" - to balance out relatively isolated instances of misconduct - was sufficient for officer to retain clearance without necessity of appearing before an Administrative Judge and further administrative action, thereby permitting officer to retain clearance that was necessary for continued employment with defense contractor in civilian sector as well as for Reserve duty.

SOUTHWEST – Applicant employee of a Defense Contractor denied Security Clearance based on Guidelines: E - Personal Conduct (Use of and failure to disclose use of illegal drugs); and Guideline J – Criminal Conduct (Retail Theft and subsequent Failure to Appear, Disorderly Conduct and subsequent Failure to Appear; Aggravated Battery; and Material Misrepresentations in Application for Clearance determined to be a violation of 18 U.S.C. Section 1001). After presentation of case at DOHA hearing, Administrative Judge found “For the Applicant” on all issues and CLEARANCE WAS GRANTED.

WASHINGTON, D.C. – Applicant is a naturalized U.S. citizen from Middle East country considered hostile to U.S. interests with combat occurring in that country at time application for clearance submitted. Applicant denied clearance based on Guidelines: B - Foreign Influence (immediate family members residing in and citizens of foreign country); E - Personal Conduct (failure to disclose material facts regarding immediate family members from foreign country of birth of applicant); and, J - Criminal Conduct (based on Guideline E conduct determined to be a violation of 18 U.S.C. section 1001). Applicant's Spouse denied clearance based on Guideline B - Foreign Influence (immediate family of spouse reside in and citizens of foreign country. Scheduled both hearings consecutively to reduce costs and obtained resolution of all issues "For the Applicant" resulting in GRANTING OF SECURITY CLEARANCES to both the Applicant and U.S. citizen by birth spouse.

WASHINGTON, D.C. – Federal Air Marshal (FAM) was denied Top Secret Security Clearance and placed on unpaid administrative leave based on termination of previous Defense Contractor law enforcement employment for insubordination, failure to properly perform duties and ineligibility for reemployment. Additional allegations involved false statement, suspension from work for unauthorized absences, improper performance of duty, and forced resignation from civilian police department employment as well as failing to disclose such unfavorable termination of previous employment in the security clearance application process. After presentation of case before DHS/TSA Security Appeals Panel, Top Secret Clearance was granted and client was fully reinstated as FAM.

Security Clearance Decisions

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