I had an investigation once that JPAS showed as closing on 4 Jan which was like the first day of the year. I suspect it had closed earlier and JPAS finally was updated on the first business day 
Thatâs what Iâm thinkin . They entered the date it was updated and not the date it actually closed.
Found an interesting article stating Clearance Reciprocity is REQUIRED by law. So in essence if itâs not even pursued then the law id being broken? Guess the real question is how do they enforce the law if the system is broken?
The article also show the different security clearance systems. I wonder of DOS was able to monitor my clearance progress through OPM system and thatâs where the time line difference is. It may show adjudicated in one system but no updated in another. It also clarified that the reciprocity canât take place until itâs been adjudicated. So if DOS was able to transfer then it must have been adjudicated first.
Can you provide a link?
I believe if the JPAS system was properly updated my current clearance would show a âLost of Jurisdictionâ since itâs been transferred to DOS. Apparently someone decided to cancel my investigation instead of properly updating it to show I was processed out. They may have not checked the OPM system which caused a bad judgment call and erroneous information in JPAS was used to place me in my current position.
Hopefully i can still stay on the current contract. I like the work Iâm doing. But who knows. Apparently I slipped through the cracks. All the other issue were about transferring the clearance over which normally happens prior to entering to position. Mine was backwards!
I also have a FOIA request in for my investigation information. I can use this to assist in getting the JPAS information updated correctly. It may speed up the process of transferring me over or take me off the contract. Itâs hard to tell how they will handle this but the information needs to be corrected regardless.
Did you get read out of your old program at DoD? I think you might have left DoD before your clearance renewal was favorably adjudicated and they annotated those results in JPAS. DoS used your PR, which was completed, to grant you clearance at State but DoD canceled the process as you no longer required access to DoD classified. This is why your status is canceled in JPAS. You need to get DoD to accept your DoS clearance through reciprocity. As you referred to above they should be obligated to do that.
Adjudication Guidelines require adjudication for Reinvestigations. This is done by the agency who initiated the Reinvestigation I suspect and this agency was DOD.
Section E, page 2.
DOS couldnât transfer the clearance unless it was adjudicated. Adjudication is a major step fin the clearance process to grant access to classified information. See article:
https://news.clearancejobs.com/2014/07/19/major-security-clearance-process-steps/ .
The DOS process started back in December when the clearance was closed but was completed in January possibily due to awaiting adjudication. The email confirmation from DOS stated it was inscope and adjudicated before I gave my notice at work.
I confirmed that information between the OPM and JPAS system is a manual entry so this was a clerical error as the person apparently didnât validate the status in the OPM system before updating. He possibly went off my past employerâs information that I resigned and was not aware of any other moving parts.
But it was, you said you had a DOD clearance since 2007. If you had a PR in 2013 and were working on another, you would still have been in scope. DoS awarded you a clearance based on reciprocity. You moved on and DoD canceled as reflected in JPAS. Everything is working the way it should be, DoS adjudication will not show in JPAS without manual intervention. That is where you are at now. What do you expect JPAS to show?
I know you said you feel it should reflect âLoss of Jurisdictionâ but according to DoD it wasnât. There is rarely two way communication between these two organizations, so there would be no reason for DoD to update JPAS with anything other than the canceled PR. How would DoD know that you were granted a clearance from DoS? As you experienced also most people have no issue going from DoD to DoS, its when they come back they have the issue.
Also this could all be fixed through reciprocity and my clearance would be back in scope. Reciprocity is required by law.
My last adjudication was 2011. Reinvestigation is every 5years for TS. JAPS should show Lost of Jurisdiction if I was processed out of DOD.
I wouldnât think DOS would not have jurisdiction to adjudicate a clearance initiated in the IC. This could cause duplicate adjudication efforts.
form CAF FAQ website:
https://www.dcsa.mil/mc/pv/dod_caf/FAQs/
Why Does My Eligibility reflect a âLost of Jurisdictionâ (LOJ)?
LOJ is placed in JPAS on an individualâs eligibility once they have been out-processed from JPAS and no longer have an affiliation with the DoD as a military member, employee, or cleared contractor employee, prior to the DoD CAF being able to make a favorable eligibility determination. In order to request adjudication, the Security Manager or Facility Security Officer (FSO) must submit a Customer Service Request (CSR) in the Defense Information Security System (DISS) for a new action to request adjudication once they have created a new owning relationship for that individual in their JPAS account.
Had you ever consider contacting your congressman with these transfer issues?
Mine has been very responsive so far when I have issues with a federal agency. The agency is required to reply to a congressional inquiry. It would also alert Congress to the issues and help promote change. I just saw this mentioned in one of the Clearance Job new articles that suggested contacting your representative due to prolong investigation time and it sparked me to do the same with this situation.
Right now I would think this would be a security infraction to place someone in a cleared position without a properly vetted clearance held by DOD. If so my FSO may try to âcover it upâ as itâs their fault for not following the proper protocol. They were fully aware my clearance was at DOS as I told them and it says so on my resume.
The law has been around since the Clinton Presidency. The issue was too many agencies had different focus areas although everyone was using the same basic rules.
There used to be around 20 different types of background investigations - even the Secret clearance background had two types: NACLC and ANACI.
The goal is to reduce the background types to three. There are currently 8 - 5 Tiers with 3 periodic reinvestigation.
Even today - IC agencies donât like the expanded SF86 in use since 2010 and upgraded since 2010 to meet standards. This creates a different background investigation and declarations.
Until we can get the Agencies to stop believing their process is better than everyone elseâs process - we will continue to have crossover issues.
Your eligibility is canceled though correct? This would be due to loss of employment. Did you get read out of your old program?
It is your duty to report this right away.
Thank you so much for weighing in.
It appear in my case the issue is not with the transfer itself as it was never initiated on the DOD side.
It did go smoothly from DOD to DOS after my PR closed out and was adjudicated.
It appear the issue reside in the JPAS system as it was not accurately updated.
You mentioned the different clearance types. This makes me think that DOS could not adjudicate my clearanced started by an IC Agency. Not only would they not have access to my case records it would be out of their jurisdiction. Is this correct?
Thatâs part of the issue. I was read off and resigned to start my DOS position. As far as I know JPAS was only updated to reflect that my PR was canceled.
Sending a FOIA request and a request for correction in JPAS to DCSA iaw their website instruction. Who knows how long this will take.
https://www.dcsa.mil/mc/pv/mbi/mr/
According to the Privacy Act an agency must permit an individual the opportunity to request amendment of a record pertaining to him/her, and our agencyâs Privacy Act regulations, at Title 32 Code of Federal Regulations, Part 310.07 explain this process. Amendment requests may be submitted using the INV100 Freedom of Information, Privacy Act Record Request Form or written.
I definitely agree and am looking for the POC information. Itâs more difficult not being in the office and on 100% telwork.
Reading back through this, do you feel you should have an LOJ? This is a negative comment and reflects:
Looking at your timeline you posted you should be good (at the SECRET) and no violation has occurred. Your Secret eligibility was still valid from 2011, it was only your TS eligibility that expired, according to DoD.