I was recently denied a TS-SCI for a DoD contract employer. I have never held a clearance and this was my first time applying. After receiving the Statement of Reasons (SOR) I had hired a lawyer to help gather as much mitigating information as possible and submitted a written appeal. Several months later, I was still denied cleared status and was presented with these options:
- Request personal appearance (I assume DOHA)
- Submit yet another written appeal
- Do nothing. My denial letter clearly states that the one year period of ineligibility was waved after an adverse security determination, and I am eligible for a re submission contingent on employer needs… blah blah blah
I chose option 3. 30 days later, I believe my case ended with a “loss of jurisdiction” due to no action. I decided it wasn’t the time or place for me to continue fighting this and wasn’t able to financially do so. So my question is, if I were to try again to get a clearance in the future from a new employer, would I face significant barriers? I have a read about a “red flag” due to LoJ that an employer (FSO?) would see. Is it likely that I would have such a flag on my name? It is unclear to me whether an “incident report” would be submitted by my employer from “termination” (I never started the job, but had accepted the offer, started onboarding, etc.) Is this a clear cut answer or may I be looking at a best case/worst case scenario?