Interim Decline then Separated after case went to OPM

Apologies if this has been asked before but I’m in purgatory here.

I got an Interim TS decline on 10/24/18 due to criminal derog from 2016. Case was handed off to OPM the following week or so (the investigator told me via text on 11/1/18) for adjudication.

The place I was at lost its contract but the FSO told me they would hold me under the CAGE until I got a final determination despite that we all had to leave in November. Unfortunately he was demoted in December and unbeknownst to me I was separated on 12/20/18.

Case status is now Closing Action Discontinued on 2/21/18 according to an FSO I just spoke to and my top line is of course Interim TS Decline. The first FSO I have been checking with periodically and he didn’t tell me he was demoted until yesterday so I was assuming he was giving me appropriate information on my status through April (the last time we spoke). Clearly that was not the case as he did not know I was separated on 12/20/18.

I have read that people can write a letter requesting DOD CAF to proceed to a final determination regardless of the separation of an applicant who was sponsored throughout the investigation.

Does anyone know anything about this? I cannot find the posts/articles where this was mentioned in the past and I’m in a real pickle here.

I don’t know anything about asking to have adjudication continued but I can tell you to start looking for another cleared job. They will be able to pick things up where they were left off and get adjudication finished.

I will also suggest, as I usually do, not to put all of your apples in the cleared basket. Look for cleared positions and look for industry jobs as well.

Someone else can pitch in on the continuation of your adjudication.

Without a sponsor I do not see adjudication continuing. There is no contract currently paying for your case to be considered. It is something I think needs addressed when there is a loss of sponsorship before final determination. It sure seems logical and reasonable you remain eligible to apply for cleared positions and they should be able to see the case file, and simply continue to investigate and adjudicate should you get picked up on another cleared contract. However, I have read enough folks commenting that loss of sponsorship before final determination keeps them in limbo. As I see it you would not be granted an interim anywhere, and you never had a clearance so there is nothing to cross over. You simply require a fresh investigation that will go to adjudication. The good part of all this is time passes. More time passing with no criminal situations and that helps you prove you are living a better life.

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thanks for the reply. Unfortunately given the DC area most of the jobs want active clearance prior to even entertaining you for the positions. I do mostly contract work. Actually had an offer revoked the day I found out about the interim decline…was a fantastic position requiring only a Secret, which I had since 2011. The Secret has been wiped away by the Interim TS decline.

The reality is that nobody is going to pick me up with a top line of Interim TS Decline, not knowing whether I would ever be billable. They want people who they can place on contracts immediately.

By that logic, no one would be here trying to get initial clearances. People are put in for initials all of the time. I’m not saying that you are not in a tough spot.

I just turned down an interview for a TS position because I’m pretty sure that I would not get the TS and didn’t want to put my current position at risk.

You’re right that you are not going to find a position where you can start right away. What you need is someone who will pick up your investigation/adjudication with a CJO and you can start working when it’s done. They should be able to get it restarted pretty much right where it was but it might take a savvy FSO to know that he can do that.

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I agree people get put in for initials all the time. Closer to entry level FTEs mostly. In my type of work and positions, for DOD, they usually want active. I see a ratio of Active to “eligible” in excess of 20:1 on the reqs I field. I do mostly contracting…this is a scarlet letter.

I reached out to the FSO I spoke to today to see if they can Indoc me and request final determination. Be the same basically as a CJO. If it’s an entire additional investigation then it’s a no-go.

I had done some research on this issue months ago after speaking to clearance lawyers on the interim decline and had seen people suggest that writing a letter and formally requesting DODCAF to proceed to final adjudication might work, so I figured maybe someone here had heard of this route.

How would this even work if you dont have a job?

Yeah that won’t work because the clearance remains with the position and seat required to do the job, not you. No job, no seat…no reason to spend funds continuing to work on your eligibility.

that isn’t correct

the CAGE who dropped me wasn’t the original CAGE sponsor. Not even close. The clearance dragged on so long that the original job was filled almost 2 years ago. I think IBM originally paid the cost of the investigation, nobody else did. None of the subsequent CAGEs I was under were ever presented a bill or required to spend a dime on this.

there are no funds needed to be spent. As I said the case went to OPM and was probably adjudicated by 2/20 whereupon they saw I had been separated

A clearance lawyer I’ve spoken to made some mention about a memo requesting continuation of jurisdiction…in the event that you lose your sponsor you can do this. If nobody here knows about it, that’s fine

Help me understand this. You as a private citizen are getting a government security clearance without any government sponsorship? I am trying to figure out how this works.

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This wouldn’t be any big deal. The same agency that started the investigation would adjudicate as they normally would. The only difference is that there is no employer waiting for the applicant. The applicant would then have two years to find another position or the clearance goes inactive.

How is this really different from the applicant finding another job and them picking up the investigation.

I’m not saying that it’s done . . . Just that there’s no reason that it couldn’t be.

Ed there is no financial reason for the initial sponsoring company to complete the adjudication process. They get zero gain, so they will end sponsorship and the process. The government should not be in the position of finishing up investigations because at some undetermined date another company may want this person. Anyone taking time with this SF86 and reading the situation is billing hours. Since the person is not going to fill a seat, there is nobody to bill for this time. Even though…I get the point of having a pool of adjudicated, clearance eligible people as being in the interest of the government. But “Workforce Capitalization” is the latest buzzword I hear all the time. Every step along the way is billed or at least a money trail is shown to cover the cost of this event.