So i FINALLY received my SOR after over a month.
I was denied for “lying on my sf86”. I MOST CERTAINLY DID NOT!!
The reports agent who went over my SF86 for accuracy at the face to face at the agency said that i lied about “resigning” from a job when my clearance was suspended. During the meeting she said “well, you’re an intelligent guy, you know that even though you resigned on paper, since you couldn’t use your clearance, that means you were effectively Terminated”. I responded with, well, if that is the metric you are using, then that is fair, but with regard to the contract and my employer, i resigned", and that is reflected in my record. The jobs in question show me as “eligible for rehire”.
Now i feel she coerced me into something that is not a statement of fact in the record, but her sentiment.
They also said i has an “unspecified Personality disorder” because i don’t let myself or staff i am supervising to be abused at work and that my team mates and i in jobs talked about “inappropriate things” while on breaks during mid shifts. We talked about all kinds of nonsensical things, sex, ghosts, skin walkers, Aliens, UFOs etc… that doesn’t make me unreliable. That “diagnosis” is simply a catch all to put anything under it as derogatory. My VA mental health record since 2013 has NEVER diagnosed me with that with much more sessions and medical treatments with different Psychiatrists. My Face to face with agency Psychologist was just like an hour or 2.
Total BS.
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What agency? Did you have a FS poly? If so what month?
NSA… Only has CI at this time. Had FS in 2017
I wonder if this investigator has EVER worked in the private sector. Most companies actually do not like to “terminate” people and almost always prefer to let someone resign. Yes, there are layoffs when there’s not enough work, but even when somebody is being let go for poor performance they prefer to let them resign.
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Wouldnt the adjudication team make this decision not a sole investigator?
I think that investigator may just have been incompetent. Being “terminated” to me means Fired for cause. Not being able to continue working because your clearance is in limbo is “laid off”. I resigned according to the records but apparently not her feelings. Now i’m unsure what the actual standard is.
That is the correct definition according to the EEOC.
Why was your clearance in “limbo”? Was it in limbo before you resigned?
which is the correct definition?
My clearance was in limbo because it was suspended by CIA for very minor incidences that were actually already adjudicated positively by them before i even started on that particular contract. They then suspended me 6 months later for same issues they had already known about.
I did the appeal but because they waited too long to get me an appearance before board, it basically timed out post 1 year.
You can respond to the SOR. When you respond to the SOR, you need to submit documentation that you voluntarily resigned instead of showing that you were terminated. Did you save your resignation letter? If you did, you can submit that in your response. You can also go back to the previous employer and get your employment file and it should show that you resigned instead of getting terminated. You should also submit that too if you can get it. That should provide mitigation for accusations of you lying on your SF 86.
When it comes to mitigating your “Undiagnosed Personality Disorder,” I would recommend going to an attorney to draft your SOR response. If you are using a good attorney, they would probably submit you to a psychologist in order to show that you do not have disorders whatsoever. Do not use a government psychologist. The government will try to prove that you do have a personality disorder.
The conventional wisdom is you can file an appeal with CIA or you can set fire to the letter and the result will be the same.
Years ago, CIA would not deny anyone a contractor clearance… they just would never approve it, hoping you would eventually give up and go away.
I suspect appeals still follow the same procedure.
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I have worked on various contracts for this customer over the years at different companies. Until about 2010 or so, I knew several instances where people were put in for clearances and nothing ever happened; that is, they never got a clearance and were never explicitly denied.
One exception was a high-priority contract that was cancelled. The customer came back with a list of people that had been put in for clearances and said, we’re not going to clear them “at this time.” But even in that case, they were not denied… they just weren’t cleared.
Cant recall when but some time in the early 2010’s they started actually issuing denials/SOR/etc.
Note that staff applicants were always informed when they were denied but I don’t know if it was a clearance denial or just “we’re not going to hire you.”
I don’t have my letter for one job but i am getting it. I do have my SSBI PR that shows I am “eligible for rehire” too.
With regard to “diagnosis”. I do have my VA records showing i don’t have a “personality disorder” already.
The crazy part is that they asked the VA for my records, but say they never recieved them. They NEVER came back to me to get them when i have access to all my medical records online and would have taken me 5 seconds to print. I even offered them to the psychologist during my interview. This should have been in my stated in my interview and could have mitigated atleast some of it. They just don;t seem interested in mitigating anything, they act more like they have a quota for denials. I see this as malpractice when they had a chance to get info that shows innocence but don’t even ask me to facilitate it when i offer it.
Denials mean Due process. Rejection of employment or suitability mean no due process. It’s a dirty world we play in in the IC.
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How do you know that NSA did not receive your VA records even though they requested them?
In your response to the SOR, you need to specify that you want to have all documents that were relied upon used to adjudicate your clearance. These documents will come back with parts redacted, but you will see all documents used. How did you send your VA records?
I don’t know if they had full BIs; I know at least a few of them had some follow-up questions about their forms. Back in those days, not many people got the poly for positions that did not require “staff like access” and system login.
Wasting time and money is not a concern when it comes to security… or so it seems
Yeah, they sent me all the documents they say they used. I never sent the VA documents. When i asked if they wanted them from me, they said no, we will get them from the VA directly.
I think they lied to you when they said they would get those documents from the VA. You can still submit them when you reply to the SOR. If you have any other documentation showing you do not have any other mental health disorders, you should submit those as well.
Character references will also help your case. Try to get at least three references praising your honesty and trustworthiness and mental health. The more you can get the better.
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If you don’t receive a security denial would you receive an SOR?