DOHA recommended clearance restoration, but CAB ignored it


#1

For anyone who has gone before a DOHA administrative judge: did you receive a favorable recommendation to have your clearance restored? Was it concurred by the Defense CAB? Did the CAB disagree and revoked your clearance? I am trying to figure out if there is a point to the hearing process if it can be ignored at the end of the day.


#2

Defense can appeal the judge’s decision but I can’t see how they can ignore it. Is it possible that you received a notice that they would appeal and you didn’t respond? In this case, the department would win the appeal and your clearance would be revoked.

When I had my hearing last summer, I was notified that the judge granted my clearance then that the DoD was going to appeal. A week later, they dropped the appeal and I was granted my clearance.

If you missed a notification, you might have lost your chance to file a response to the appeal.


#3

As a civilian employee, responding to a DoD appeal was never an option for me. What happens in cases with civilian and military employees is an administrative judge makes a recommendation and it goes to a clearance appeals board. The appellant has no chance to respond to their determination as it is considered to be final. In my case, the judge recommended restoration of clearance. However, the DoD CAB thought otherwise and since their decision was final, I had no chance to respond.


#4

OK . . . That’s the process that pretty much everyone can go through with the DoD. Your hearing, either in person or written, was presided over by an administrative law judge. That decision can be appealed by either side and it goes to the appeals board.

Are you saying that the judge AND the appeals board recommended that you be reinstated and their recommendation was ignored?

That seems odd but someone here might be able to explain it.