DOE Administrative Referral (AR) Review

I am new to this clearance world. After Covid, I was hired by a DOE subcontractor who subsequently applied for security clearance on my behalf. I submit my eQIP (SF-86), had my interview where i was interrogated at length and subsequently asked to complete a 15-page Interrogatory Questionnaire (IQ), which I did. Fast forward 8 months, i was called into HR where a DOE personnel handed me a certified letter, the body of which states:

*Department of Energy*

*Dear Mr. XXX*

*SUBJECT: Administrative Review (AR) Referral*

*In accordance with the authority granted me under section 710.2, Title 10 Code of Federal Regulations (CFR) Part 710, "Procedures for Determining Eligibility for Access to Classified Matter and Special Nuclear Material," and the "National Security Adjudicative Guidelines for Determining Eligibility for Access to Classified Information or Eligibility to Hold a Sensitive Position," this is to advise you I have referred your access authorization request for AR effective this date. *

*Written notification of this action, excluding the basis for the AR, is being provided to your employer.*

Then HR personnel then stepped in and handed me my employment termination letter which states:

“Effective today, your employment with XXXX is being terminated due to your inability to obtain your security clearance. Your appeal options that may have been discussed with you by DOE personnel are not available to you once your employment is terminated. Any other avenues of appeal and/or recourse for you, if you pursue them, should be discussed with your attorney.”

i was asked for my badge and subsequently escorted out.

**My question is what are my options? Is it possible to pursue the Administrative Review (AR) before an Administrative Judge on my own (with the aide of an attorney), or because my employment was terminated, I no longer have an sponsor and therefore I have no options to pursue the Administrative Review? I was never given an SOR by the DOE or a Summary of Security Concerns so I am not sure what security concerns were raised that i need to address in an AR. **

I should note that there was a period of 3 years during covid where my spouse of 20 years and i were involved in a tumultuous divorce /child custody battles where she would call law enforcement numerous times in an attempt to get me arrested so she gets an upper hand in child custody of our 3 kids. Just prior to Covid, I had filed for divorce based on her habitual drunkenness. Because of the frequency and nature of the calls to LE, Child Protective Services (CPS) got involved.

The IQ mentions Law Enforcement was called to my residence over 11 times, and i was arrested 3 times for Domestic Violence. None of the arrest results in any conviction and all 3 DV charges were dismissed. I was also arrested for Trespassing, which was also dismissed. I don’t do any alcohol or drugs and have no mental health issues or am on any prescription drugs. I did have to take a 26 week anger management group therapy as requested to by the court as a condition of dismissal of my 3rd DV charge. I have had several psychological evaluations while being previously employed at a couple of nuclear plants with no findings.

At the time, i was working for a nuclear plant, and my Unsorted Access Authorization (UAA) was terminated because of my arrest for DV, and because i could not get my charges dismissed in 90 days, the nuclear plant terminated my employment as i couldn’t perform my job duties without UAA. That specific DV charge was later dismissed.

Despite this tumultuous period, CPS dismissed their case against us without any findings, and the family court dismissed my divorce petition. To this day, my wife and i are still married and still live together with our 3 children. However, she has stopped drinking, and there hasn’t been a call to LE in the last 2 years.

Finally, my employer did ask me to renounce my dual citizenship just prior to the eQIP submital which i did. In hindsight, I i wish i didn’t now given my effort was in vain.