My best friend was denied a TS/SCI about two months ago. I’ve been trying to help him through his next steps because I am prior military with a lower level clearance and I want to help him consider his options.
After waiting about two years to get rejected, he has still not received any kind of reason. The letter he received merely said he was not approved access to classified information, and will be relieving a letter with reasons which he will be able to respond to. He has still not received any kind of indication about his reasons for rejection or any appeal process. Is this typical? How long should he wait before trying to take additional steps, and what are the options for those steps?
His concern was that he said he got really tripped up during the polygraph and got really nervous, but that he accurately disclosed everything on his sf86 so the problem was more that he let the interviewer “get in his head”
I am as certain as I can be that this person has no foreign contacts, drug use was minimal and was disclosed, only debt was student loans which has been repaid for quite some time. I believe that his application was for a three letter in VA, but I cannot be sure.
Any input on options and additional information is welcome. Thanks
He will get the letter. IC agencies take long time to process actions. another option is to file a FIOA request but he will get the letter before FIOA is processed.
That’s a bit different, getting one letter that says you were rejected but not disclosing the reasons until some unspecified second letter…?
Yep. The letter received said something vague about being denied access to classified information, and the letter with reasons and option to rebut is on the way. It has not been received.
He has contacted both the person he would call previously throughout the process to get updates on his clearance, and also the contact at the agency who hired him who continuously reassured him throughout those two years that the wait time was normal and the position would be held open for him until his clearance was processed. Both of these individuals have been unable to provide additional information or reasons after he got that first letter.
I have considered FOIA here as well. A two year wait time just to get vaguely denied, and then this additional wait? It just doesn’t make any sense and we are starting to get the feeling that something has gone wrong in the process. Ack the covid-19 situation of course.
It doesnt have to make sense. If in fact this is for CIA, they receive thousands of qualified applicants on a daily basis and your friend, no offense, is nothing special. They can be really picky and they are really picky. I dont think a FOIA request will even answer the questions that you are looking for. It is really important to see exactly what the letter says, not just the idea. If they denied him the job but offered the option to reapply in 1 year, not a clearance denial.
Definitely acknowledge that it doesn’t have to make sense and the pickiness. I cant be sure it was for CIA. I know it was a situation where a conditional offer of employment was extended, so in some sense he was through the first stage of “pickiness” wherever the offer was.
The letter said something like the following: We rescind your offer because you have been disapproved for access to classified information. You will receive a separate letter with the reasons for security disapproval and it will tell you how to request a review of this decision.
There was no information on reapplication, or any 1 year timeline.
Can anyone help interpret what this means? Edit to original post: it has in fact been five months since he received this letter and has heard nothing.
He will be getting a SOR and it will tell him what he needs to do. Things are slow because of the covid. So it may be awhile but it’s coming. If he was denied, he had something significant involved.
it seems that it was a suitability decision and your case was not formally adjudicated. adjudication decision is sent after SOR letter followed LOI letter. primary reason for suitability denial is disqualifying information becoming evident.
Interesting. Would the letter he received not indicate whether it is a clearance denial or suitability denial?
I have done some searching but I can’t find an 100% straight and clear answer to the following, so I would appreciate some clarity:
What are the implications of a suitability denial for
- appeal process
- his further application to the IC?
Thanks to everyone you folks have been helpful!
if it is a suitability decision, there is no viable appeal but good thing is he can apply after 12 months has passed. there may or may not be an impact on the new application depending on the issues. if it is adjudication decision and it is final, the basis of the decision are going to be fair game in future investigations