Dear All,
I initially obtained my TS/SCI when I was in the Army. Later I worked as a contractor for several years. At some point, I applied for a job with an intel agency “A” and was denied SCI due to a misunderstanding about something I reported in my SF86 years ago when I initially obtained my TS/SCI. I appealed the decision, and my appeal was accepted, and the decision was overturned. Unfortunately, the overturn decision arrived 1 month late because the intel agency “B” that I was working for already suspended my SCI, and I was removed from the contract and an LOJ was entered in my JPAS records without any Derog. They supposed to send me a SOR, but they never did. This happened in the middle of my PR, so my PR was stopped too. Later, a company gave me a contingent offer and submitted an RRU for me. It seems that because of the RRU, my PR was restarted, but the company is keeping me in the dark. I am not sure if this is because they don’t have any information or what! For example, some references in my PR SF86 were contacted recently, but when I ask the company if I still have a Secret or TS and if my PR has restarted, they do not answer my questions. I need this information to apply for jobs. I have other job opportunities with companies that I worked for in the past and are more reliable. However, I do not want to apply with them if that potentially stops the PR process again.
My questions are as follows:
1- Is there any way that I can obtain a SOR, so I can respond to the agency “B” and explain to them that agency “A” has already overturned the decision that they reciprocated? I spoke with a lawyer, and he said that appealing the first decision was easier and he has never seen an LOJ being reversed and believes that when that happens, the person must go through another adjudication. Is there any hope there to address this quickly as I am currently unemployed and my experience doesn’t translate to civil jobs out there, especially because I was a senior in my field.
2- In the initial letter agency “B” gave me, they noted the temporary suspension of the SCI. My clearance was not revoked, and no Derog was entered. Shouldn’t I still have a TS or Secret? (I had a Secret before TS, and it is still within its 10 years. My TS and SCI eligibility needed the PR, so I am not sure what could have happened to my TS because the PR was paused.)
3- (This is my most important question) If multiple companies submit RRUs for me, is this potentially stop the process, the first company has already started, or further complicates it?
Sorry for my lengthy post. I really appreciate your guidance in advance.
With best regards,
Kevin
The clearance remains with the position, not you. If you have an "in scope investigation formerly called SSBI, names are changing, or a NAC or NACLC, then you are eligible to be crossed over to a cleared contract if you left the cleared posiiton within the last 24 months. That said I crossed voer folsk up to 5 years after leaving a cleared position. DoD is infamous for not recording a debrief date and many GI’s reflect still being in access long after leaving the military. That works in your favor to get another cleared seat and a new investigation. If folks are inquiring, you likely are in a reinvestigation. Your situation comes up a lot on this forum telling me it is something requiring a solution. Loss of jurisdiction/sponsorship when an incident report is created has hurt a lot of good people. It seems difficult at best to overcome and get fixed. I would certainly want a sharp clearance lawyer if it happened to me. They will make sure they dot the i’s and cross the t’s and only focus on the facts and rules. They know where the train regularly goes off the tracks and can point this out to the government. Keep us posted. Sending luck to you.
Question 1 - It doesn’t appear that your clearance eligibility was revoked; thus, you would most likely not receive SOR. Agency B withdrew your access, which is within the agency’s discretion. To the best of my knowledge, there is no appeal avenue for that, loss of access.
Question 2 - I think you should submit privacy act request to get status of your eligbility in JPAS/DISS and possibly scattered castle. If you haven’t, you should also submit a privacy act of your background investigation. This request should go to the agency that is performing the re-investigation.
Question 3 - In theory, it shouldn’t cause stoppage… again, in theory. However, in a nutshell, it depends. Mainly, it depends on who will be adjudicating your background investigation. In my opinion, you stand a better chance if RRU requests are submitted to the same Central Adjudications Facility (CAF). In my opinion, if it is with multiple CAFs, I imagine that someone will “pass” the buck based on assumption that the other “CAF” will be doing it. This is my speculation.
Unfortunately, clearance applicants/holders cannot reach out to CAFs only security officials (ie: FSO). However, your congressional representative can help you with this too.
RRU process should be relatively simple and quick, but it has become a truly broken process… anyway, good luck.