Loss of jurisdiction incident

SECURITY CLEARANCE Q&A
1

My clearance has been active for over 7 years. I started with a new company and it only lasted 3 weeks. I was terminated for miscommunication with the company and was told to return my badge. Since we were teleworking they sent a carrier to retrieve it but i wasn’t there due to being on an interview. The very next day my clearance showed Loj. She said she submitted an incident, and when it was returned she submitted a request to have it closed. This was there advice, and what i should do since now I’m unable to accept employment and been denied for over 5 good government contracting jobs due to my DISS status:

Good afternoon,

I am not sure where some of this information below has come from, but in my experience it is not entirely correct.

FSO’s cannot create a Loss of Jurisdiction, as we are not adjudicative entities. Only the DOD CAF can put an individual’s clearance into Loss of Jurisdiction.

When you did not meet the courier to return the badge, a report was required to be submitted on your clearance to the DOD CAF, just to let them know that the government property was not returned.

The DOD CAF reviewed the information and put you into “Loss if Jurisdiction” because at the time no company (jurisdiction) was holding your clearance. Once you returned the badge, I submitted a request to have the incident closed out because it was settled. I did also request that the Loss of Jurisdiction be removed.

However, because no other company held your clearance at the time that information was submitted, your clearance remained in LOJ.

In order to have the LOJ removed, as far as I know, you DO NOT need a new investigation. If you are going after a new job, the FSO of the hiring company has to create an “owning” relationship on your profile and then submit the CSR to remove the LOJ, because they will then have the jurisdiction on your clearance. That is how the LOJ will be removed.

I have called DOD CAF as well to see if there was anything we could do and was told that it would have to be a new FSO. Did none of these positions offer you the job and then attempt to submit the CSR? Did they completely shut you down once they saw the LOJ? The LOJ shouldn’t be precluding you from positions.

It looks as though you would need to complete an e-QIP for a Periodic Reinvestigation, but that shouldn’t prevent the LOJ from being lifted, especially if a new company submits it at the same time.

I hope this information helps.

2

Not sure what to say about this but “Loss of Jurisdiction” is a topic that clearancejobs.com has a few articles about including this one from May 2021.

3

Basically loss of jurisdiction means your clearance is not being claimed by a security office (FSO/SMO)

Clearances travel with the associated person, are temporarily “owned” by the employers security office, and last a designated period of time until revoked, expired or renewed - think of it as your baggage with hotel check in and check out.

By example:

John Doe’s clearance career got stared with hotel NSA FSO/SMO. There he was granted SCI baggage. That baggage will stay with hotel NSA, owned by that security office, until John checks out voluntarily or otherwise.

Whether NSA says goodbye first or John wants to go elsewhere, the baggage is packed with an LOJ label and stays with John until the next check in - let’s say that’s with the FBI. There, upon check in Johns clearance is claimed by the FBI FSO/SMO for ownership and the LOJ label disappears. So long as the clearance hasn’t expired or was revoked a smooth transfer takes place.

Basically LOJ is not loss of clearance - it’s the loss of an affiliated security office assignment/ownership. LOJ is the lack of a security office connection, not a penalty for employment misbehavior.

A clearance is considered lost if it expires after a certain time w/o a security office ownership claim or it was revoked for egregious error committed by the person.

4

Trust me, I’ve read almost every article that clearance jobs has on this topic. Everyone says almost the same thing. The real questions is can the Facility Officer take ownership in Diss and submit a CSR to have the loj removed. How else are you going to resolve it?

5

Sounds like it’s not what the FSO can do (of course it can be done) but should the FSO do it?

You haven’t explained the issue that caused the employment loss. Maybe that’s the problem- whatever that issue is.

Industry positions have very finicky FSOs who spook easily at any hint a clearance has flags.

Maybe consider a position that has an SMO or doesn’t require a clearance.

6

The key question may be the “incident.” I’m afraid the incident will need to be addresses and in my limited experience with such situations, that requires a full investigation; this in turn may make potential employers reluctant to bring you on for fear of an extended delay before they can put you to work.

2 Likes
7

I understand. That’s why the only thing I’ve done was request a copy of my DISS records. The incident was that government property wasn’t returned in 1 day. No other emails, no next day phone calls, because i missed the carrier, the very next day, it went on my record. Like if I was going to try use a badge after being terminated, instead of going to get another job. I told the FSO you shouldn’t atlease gave me more time, we were teleworking, to return property instead of going straight to my clearance and making assumptions. So that’s the incident. So do you think a matter of returning a badge, company received it the same week, calls for an investigation?

8

Employment loss was because, as it stated on the termination letter, failure to submit daily reports and because i wasn’t communicating with the team effectively. Hince, i was only with this company for 3 weeks. I’m do for a PR but of course now i have to get a sponsor to continue that. As stated, because i missed the carrier that they sent to retrieve my badge, the FSO submitted an incident report. Once the badge was returned (all within the same week) she said she submitted the request to have the incident closed. So thats why i was terminated, but i was on a interview the next day so i had plenty of offers. I think its a matter convining the next FSO to do their job effectively. They see loj and got spooked, or i don’t know if it shows that incident has been resolved, (especially something so minor) and i was only giving one day to complete. I got the termination call on a Sunday (government closed on weekends) but i hope this clarifys my situation.

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