DOE Q concerned about recent intent to terminate

SECURITY CLEARANCE Q&A
1

Let me try and make this an easy read yet give all the facts. Had a DoD TS-SCI in 2007 (Army Reserves). Went down to Secret because I no longer needed it after the 5 years. I’m still in the Army Reserves (they aren’t doing an investigation and just waiting on DoE and then go off theirs). September 2017 I am promoted at my civilian job which required a TS-SCI again, this time DoJ. Just as it was completing and I was about to be read on, March 2018 I am suspended from work for sleeping with a subordinate and after I no longer wanted to continue the relationship she told the management. June 2018 I am given an intent to terminate letter (yes I was suspended 90 days with pay while they figured it out). The termination was for not providing a harmonious work environment. While sitting in my attorney’s office I get a call for a new job offer, which I accept and my employer lets me resign in lieu of termination. The DoJ clearance was administratively removed. The new job requires a DoE Q and I am currently going through the process, which seems to be dragging on. The ONLY bad things to report in my entire life are:

Art 15 in 1992 for theft (stole a cassette tape from the PX)
Internal Affairs 2014 for releasing information to another law enforcement agency about an investigation, unfounded and cleared
Intent to terminate from above issue June 2018
Speeding ticket August 2018 which was $380

All four issues were discussed during my Q interview and I was able to explain them. My concern is the recent intent to terminate and even the 2014 IA investigation. DoJ didn’t care about the IA but the DoE Q investigator hit on it a bit because it was a “release of information”. I explained the issue and that it was unfounded and I was cleared. More though, I am concerned about the recent event. I have never been terminated from a job in all my life and it was an eye opener. My military career has been completely squeaky clean since the 1992 event and I am still in 26 years later and a Command Sergeant Major.

Is this intent to terminate going to hang me up? An interim clearance was requested for me but it has not been approved and I was put on an expedited list but it has now been 6 months. The investigator interviewed me in September and she just contacted my Army Reserve unit last week.

2

I think you will not get an interim. Not necessarily bad. Just means they need consider and weigh the previous information. Painful as revealing those items can be, full disclosure is the only route. As long as what you are saying lines up with what the formal reports on file say…the previous clearances don’t mean anything. I see no issue with the 1992 PX theft as it is way out of scope, something a dumb private does, not the Command Sgt Major he grew up to be. The unfounded accusation…is just that unfounded.The speeding ticket requires reporting but is a non issue. I can see a character concern regarding the fraternization charge, as prior military I understand how serious that charge is. They need adjudicate your decision making. Will you follow the rules? Affairs of the heart are complicated issues and even the most moral amongst us can fall into situations that are similar. But I think that may be the only thing they are concerned with. Obviously the resigning in lieu of termination is also reportable. They split that hair multiple ways to get the questions answered. I would not quibble on that area. Demonstrating remorse, completely owning it in subsequent interviews may be required. Blaming the subordinate…is not the correct path.

1 Like
3

I greatly appreciate your reply. I completely owned up to everything and never blamed the subordinate. I made that mistake. Even after she claimed false allegations toward me, I never made it about her. I made the interview about me, which is what it is. I am not sure how much of the investigative file my investigator will get due to our state is not required to release such information except to another law enforcement agency but I put it all out on the table and yes, it was painful. Just praying this mistake doesn’t cost me another job…