Received SOR and don’t know what to do

SECURITY CLEARANCE Q&A
#1

I’m very confused, but the first and most important question. (Note: my husband and I are both legal guardian for my mentally disabled adult son.) My son with assistance from my husband submitted a SF86 about 1.5 years ago. He received an SOR mid-December and I provided a response, but it was returned stating I needed to “admit or deny” to each statement.

I believed the wrong form was submitted. I believe SF85P should have been submitted. He is a Provisional Loader for a company under the Service Contract Act and is an AbilityOne Contract that is UNCLASSIFIED but requires “Favorable” NACLC clearance. The position is basically a general laborer position which loads provisions on military vessels “Hand over Hand”. My son has been working in this position since August 2018.

Summary

How do I retract the SF86 and submit SF85P?

#2

NACLC is now Tier 3 which is SF 86.

The position risk drives the investigation.

#3

So, the SOR received needs to be responded to, correct? Does he really need a clearance? Should he request a hearing before a judge?

He only needs access to a “Lower Base” to perform duties as provisional loader.

If his SOR is denied, will he then lose his ability to work at the current area he is now at that doesn’t have the higher level of security access needed to perform his job?

First two sentence of SOR: “A review of your ability to occupy an automated data processing (ADP) position designated ADP I/II/III for a DOD contract has been made pursuant to…” “Because this office is unable to conclude that yo are eligible to hold such a position, your case will be submitted to an Administrative Judge for a determination…”

He not applying for an ADP I/II/III position.

#4

He needs to respond to the SOR. No response is a default denial. The choice of in person or record hearing is his decision.

You never mentioned the SOR concerns. The response needs to deal with those specific concerns/issues.

The rest of the information is not relevant. Your son is occupying a contractor position assigned to an ADP position. The employment is up to the employer but normally a DoD contract requires a successful background investigation. You should be talking to the employer security officer (FSO) and/or HR about these concerns.

#5

I realize my below post was extremely long and maybe asking the wrong questions or too many questions. I’m just confused. I’ve never heard or dealt with an SOR and am at a lost how to respond.

The Company/Contractor my son works for is is a 501©(3) nonprofit organization that serves children and adults with developmental disabilities. The job he currently has is specifically for individuals with disabilities which happens to be with the military.

As his mom, I was excited that he was hired for this job because they provided the necessary support to meet the obligations of his job.

My son is quite, but does not have behavioral issues.

#6

Note: Bold text is specific info changed to generic term .

Thank you for responding. I called the military bases organization security officer whom we picked up the SOR package from. I called several times and he never called back. I did receive a msg from a female from his office, she said to call XXX, who was my son’s hiring supervisor and I believe the company’s FSO. I called supervisor asking for help… supervisor was the person who said my son was not apply for ADP I/I//III. He also made suggestions on what to include in the response.

The SOR states: “In March 2020, following an evaluation of with a licensed psychologist, you were found to meet the criteria of Autism. The psychologist concluded that you exhibit difficulties in your ability to make judgments and are unable to understand the technical aspects of the security clearance.”

Supervisor’s Suggestions Below:
The Statement of Reasons indicates that son applied for an Automated Data Processing (ADP) position designated (ADP I,II,III) to support a Department of Defense (DOD) contract. Son did not apply for an (ADP I,II,III) position. Son required to have a “Favorable” clearance to obtain pier access to work on military vessels for loading provisions. His job is a general labor position loading provisions “hand over hand” to dry provision storerooms and refrigerated storage areas aboard military vessels .

Also, this work is always being closely supervised by Company’s assigned staff and also observed by the military . Also mention that the contract is assigned by military agency , Jacksonville FL. under the Service Contract Act and is an AbilityOne Contract. The contract (# contract number ) is UNCLASSIFIED but requires “Favorable” NACLC clearance. You may also explain that son has been working in this position since August 2018.

I submitted a response, but document was returned.

Please return your corrected response with each individual section you answered “I admit” or “I deny .”

I do not know exactly what that means. From my reading, the SOR that I need to address is the two sentences: (1) “…you were found to meet the criteria of Autism. I agree, but (technically) my son was diagnosed before age three with Pervasive Developmental Disorder-Not Otherwise Specified (PDD-NOS). PDD/NOS was folded into the single diagnosis of autism spectrum disorder (ASD) with the publication of the DSM-5 diagnostic manual in 2013.
(2) …”exhibit difficulties in your ability to make judgments … technical aspects of the security clearance.”

My son does have autism. All people with autism have problems with social communication and also tend to engage in repetitive, restricted behaviors at times, but those with any form of autism, can have a wide range of intellectual and verbal abilities.

I believe he understands that he is not suppose to talk about where he works. My son and I have discussed have his responsibilities of not talking about where he works. I quiz him sometimes by asking on what military vessel did he work on today, and he responded “I can’t tell you.”

My husband and I where both military and civil service employees with TS (SCI) and S respectively. We understand the necessity for clearances.

If you can direct me to any references that I can look up to help me in providing a response to the SOR appropriately would be greatly appreciated.

I looked into hiring a lawyer, but at $2,500, my son can’t afford that.

#7

your responses to 1&2 of the SOR in your post is basically your “admit or deny” response to the SOR. You can admit or deny with an explanation … as long as you do as they instruct and specifically admit or deny each statement/reason. The SOR is just a standard part of the process.

I understand you are trying to help your son but be mindful and make sure these responses are your sons responses and not yours.