Out of scope investigation question.


Got cleared for a DOS “secret” clearance in July, 2015.

Worked as a DOS contractor overseas from Oct. 2015 to Oct. 2018. (Camp closed down).

Quit my employer in Nov. 2018 and told them to release my clearance so I could move on to a different company that required the same clearance. After a couple of weeks waiting for the new company to start the process, I quit them and returned to my previous employer.

I thought it was going to be a straight shot to go back to work but they required me to submit an SF86C which I submitted in Dec. 2018.

In Mar. 2019, my employer notified me that I needed to submitted a brand new SF86 but only going back to Mar. 2015 and that my “clearance went out of scope” (I know that it’s not the clearance that goes out of scope but the investigation).

In May, 2019 I was contacted by DOS investigator wanting to interview me. I was shocked since I thought this new submission was just going to an update to my previous out of scope investigation.

Aug. 2, 2019 (today), I am still in investigations. Minus a few minor tax debt that I had acquired for 2011 and two periods of foreign travel, I just don’t see why this is taking so long. Does the State Department investigation division even care that I already had a clearance with them not even a year ago?

Has anyone been in a similar situation as mine? Any feedback would be greatly appreciated.

Sadly, during the backlog, a lot of agencies, DoD amongst them, allowed investigations to go out of scope. Some were just poorly mismanaged, others were intentional. For a piece, DoD was allowing 6 years to elapse before submitting the next TS Re investigation. For them it was fine. They kept an employee who was actively working a cleared position. Bad news for the employee in just this situation. When you walked away, state closed out your active clearance. The new company if it did have you in an actively cleared spot failed to initiate the re-investigation. You wanted to return to State and they realized the NACS were out of scope or the BI was too long in the tooth to bring you back. My client will cross folks over, but initiate the re-investigation if it is close. This way the person is working but an active re-investigation plays out in the background.

I don’t think that the first employer should have done anything with your clearance when you left. The new company would just grab it and you would be good to go. Whatever they did, I suspect that they did wrong which is what triggered the requirement for a new investigation. Your secret clearance should have been good until 2025.

Unless, of course, your tax issues got you tied up with continuous evaluation.

If you work as a contractor, when you leave the position, the contract company is required to submit a form terminating clearance sponsorship. That is when the clock starts ticking on the 2 year timeframe. When the OP went back to State, if the NAC’s were 5 or more years since last run…it can be looked at as “plenty of time to get into trouble.” On occasion I see this when I try crossing folks over. One would think State would work very well with…State…same agency but knowing the problems I have crossing them over…it would not surprise me.