Clearance revoked after failed Poly

SECURITY CLEARANCE Q&A
#1

So to make a long story short I’m a TSA supervisor and I went for CBP Officer. I took the poly in March 2019 and failed. In August 2019, I received a revocation letter saying that because I admitted to certain things, my clearance is being revoked. The admissions I made are:

Smoked weed from 2003-2007 (about 50 times)
Tried cocaine twice
My wife smokes weed occasionally
Had a prescription pill problem for 3 months after shoulder surgery

They were saying that I contradicted my original e86 for tsa (filled out in 2014) when asked about drugs in the last 7 years. I answered truthfully because it had been over 7 years (I incorrectly recalled dates on my poly).

So I ended up getting a lawyer and responding to the SOR in September 2019. Didn’t hear back from the CSO until March 2020 (he upheld revocation). Submitted appeal in April with medical record showing that surgery was in 2006.

I have yet to hear back but I don’t even understand how this is an issue? It seems as though every mitigating factor is covered (it’s been 13 years since ANY drug use, I’m married with 2 kids, never received any kind of discipline at work)

Has anyone ever heard of this happening?

#2

Depends on how much weight they give poly over written answers. If you tested “clear” speaking to drug use covered during reportable years…that is a conflict, and a coin toss. I empathyze as it is hard to nail down dates on a poly. Stress clouds head fast, and CBP Polys are known for high fail rate. Obviously they have an interpretation difference with most other agencies. I think your primary issue isn’t the use per say, but they believe you weren’t honest on the SF 86. Much steeper hill to climb. If a lawyer wasn’t able to successfully argue in your favor…it is a very steep hill. Document to best of ability your dates. Likely this revokes your TSA position I am guessing? You may need step away for a year, reapply, maintain non use. But having and associating with a user…makes it difficult. Can your wife abstain? Will she? Is it legal in state where you live? I would stay away from discussing spouse use, but you already let that become a known known.

#3

Yeah TSA put me on an indefinite suspension until this is cleared up. I thought the mitigating factors would be totally overwhelming (highest yearly evaluations, never disciplined, passed 3 random drug test).

In the appeal I provided evidence (surgery report) of the exact date to show that I was off by a year and I wasn’t required to disclose it.

Weed is legal in my state and my wife provided a sworn statement of intent on not using. I still think it’s totally absurd cuz I have no control over what she does (within reason).

#5

Doc summed up the true focus. It has nothing to do with weed or coke. If they lose trust…that is the problem. Keep us posted. Meanwhile, if you still have ability to engage…I would take substance abuse counseling. Show positive steps to address some of the underlying issues. Though understanding the idea of “control” and a spouse… ask her if she cares if you earn a living. If you put the roof over your heads she need consider how to best support your ability to do that. If not willing…food for thought.

#6

So just got the email today…they upheld clearance revocation. Of course no thought process went into it as only 3 sentences were dedicated to me saying “your drug use calls into question your willingness to comply with rules regulations…). Is it possible to apply for a different federal job and get granted a clearance (yes I understand I would have to disclose that I had a clearance revoked)?

#7

Sorry for the bad break. What you can control, is getting counseling…show you stepped off in a positive direction to better understand your motivations, triggers, reasons etc. Give it 18 months and apply for other cleared slots revealing everything. I doubt an interim comes your way but time can help mitigate this. The trust part…is a steeper hill than the drugs.

#8

I guess the most “frustrating” part of all this is that I chose to better my life by applying for a better job, did exactly what I was told (tell the truth), and not only did I NOT get the job, but ended up losing my current job!!

The part that kills me is that I provided PROOF that there was no deception, but rather inaccurate date recollection.

In an odd twist, 12 days after the revocation letter from the SAB, they sent an updated one that changed the word “revoked” to “denied”. Totally confused at this point since I had ALREADY been granted a clearance so how can I be denied one??

#9

You were denied the full poly clearance. I worked at a place even a TS SCI with Poly didn’t get you entrance. You couldn’t enter even if you worked and were cleared by this client even as a fedciv. Those communities get much more say in who accesses their computers, and compounds. At times they still get it wrong giving access where it should not be given and denying when there isn’t a threat. I agree it is frustrating. They quickly freeze you out at that point too.