A person who received a Secret Clearance by mistake has a JPAS incident report submitted upon termination which is adjudicated and cleared by DOD CAF.
But two years go by and the former employer who has no owning or servicing relationship with this person submits a duplicate JPAS Incident Report which was a duplicate of the 1st report that was adjudicated favorably.
Does anyone have a hypothesis on how a situation such as this comes to be?
The JPAS account management policy states that it is a misuse of JPAS to:
Initiating investigations for subjects who you have no owning/servicing relationship, or are otherwise not appropriately sponsored for a clearance
Querying the JPAS application for information or records you have no need to know and/or authority to view to conduct your official duties.
Querying the JPAS application for records or persons no longer affiliated with your Security Management Office or the Department of Defense
And in addition to the above, upon leaving employment that same employer who got that employee a clearance by mistake to begin with made a JPAS incident report against the employees file, which was adjudicated favorably and removed and upon learning of this some two years later that same employer made another JPAS incident report against the former employee even though that employee had not been in their employ for two years.
A person who received a Secret Clearance by accident because the security manager made an error and misread the policy guidance for that person’s position. Said person was not working in a clearance required position, the position was not a national security position, there was no need to know for this person, and there was no access to classified information. None-the-less this person was required to go through the whole process and receive a secret clearance all because the security manager made a mistake.
Double jeopardy does not apply to the clearance process because it is administrative - not criminal - process. An incident can be looked at again, then again, and even again - as some Subjects are aware.
Being issued a clearance my accident, for a no-clearance required non-NSP position?
The legitimacy of any subsequent incident report for a clearance issued by accident, especially when the incident report does not meet the parameters for incident reporting?
After having being adjudicated and removed once, the legitimacy of a duplicate incident report some two years later.
The submission of multiple incident reports for one single incident is misleading and gives the false impression that the conduct was habitual or repetitive when in fact only once incident may have occurred and that incident report was adjudicated and resolved.
The 2nd incident report appeared soon after the employer was involved in an IG complaint process and was provided with notice of a lawsuit.
I believe there may not be a precedent for this situation. This likely may be the first of its kind.