Respectfully Request Validated Guidance for my Security case

I certainly appreciate any and all the help, guidance and assistance that anyone can share and possibly point me in the right direction. I apologize for the length of the story, but want to paint a vivid picture.

I am a United States Navy veteran that served since 1996 and always had a consistent SECRET security clearance since 2000. My MOS was Master-at-Arms or Military Police. I was Honorably Discharged in 2011 and a service-connected disabled veteran. Last year I was selected for my long-awaited position as a GS12 Physical Security Specialist overseas. I have been working in the field since 2000 and was previously stationed to the base when on active duty. The process of USAjobs is very challenging, but commendable how the hiring process operates.

The Security Manager met with me at the tail end of the process, one week before I was supposed to start. The security manager was very unprofessional with his own style of questioning pertaining to sex and race, however I never played along, I just wanted to get my foot in the door and report the incident to the proper channels. The security manager conducted my fingerprint background check SF 87 while speaking to me in a very condescending way. I just smiled and attempted to shake his hand, of course he refused and I awaited to hear back from his office on the results.

Approximately after the weekend I was told by Human Resources that my Tentative Job Offer was rescinded by word of the security manger. I was shocked and asked for a substantial reason in writing which was refused. The security manager emailed me to retrieve my Freedom of Information Act file and claimed that since my fingerprints came back with the code “CR” that he was unable to grant me a CAC card, that it would take 6-9 months to be adjudicated. After I requested my documents I found out that back in 2004 when I was active duty I was falsely accused and the charges were dismissed. On top of that my record showed that the exact same hiring authority, the Department of Defense and the Navy adjudicated the incident in 2007 and granted me an additional security clearance. In my mind I was never convicted of a crime and I have in black and white that it has been adjudicated in 2007, why is this gentleman denying me in 2019?

I immediately seek guidance from my Commissioned Officer friends and everyone story was the same. However, I refrain from using guidance names and positions of individuals for I would not want them to catch any reprisal for guidance. I was told, YES the “CR” code is strictly for the FBI and will always be. However since I am a veteran with prior clearances and JPAS and eQIP, that the security manager was meant to challenge my eligibility against the FBI call because the FBI and military are separate and it shows that I have already been adjudicated over 10 years ago. Is this correct?

I have been fighting back and fourth for my position that I worked so hard for. I graduated number 3 in my class for my Master’s in Homeland Security. Right now I’m struggling off my disability check monthly and hoping for answers. I truly believe that the security manager did not use professional discretion when speaking to me so I can not expect him to do the same for my position. Can anyone PLEASE help?
Thank you in advance if you have taken the time to read this and for any advice. I am scheduled for ADR next month.

It seems to me like this could be a suitability denial, essentially. They probably have a position they wanted filled right away and didn’t want to wait the six to nine months to have everything adjudicated

I appreciate your inputs and only questioning their possible style based off their deciding factors. Why wait 6-9 months for the 2004 case to be adjudicated if it was already adjudicated in 2007? Can you please explain how would I be unsuitable after the fact that the exact same hiring authority, the Department of Defense and the Department of the Navy previously adjudicated me and empowered me with a SECRET clearance in 2007? The Security Manager NEVER pulled my military records to prove this and after inquiring other professional that have done the job, replied that this method was incorrect. How can an organization proclaim that they thank me for my service if they fail to do their job in accordance with regulations and deny the veteran a proper investigation?

I don’t know enough about the process to know the why’s but I have seen on this website other cases where something that was already adjudicated came back to bite someone after a break in service. I believe that every investigation stands on its own, but again this is on the clearance side.

I would recommend speaking with a lawyer who specializes in federal employment. Especially if you believe there is any discrimination concerns


You write “I found out that back in 2004 when I was active duty I was falsely accused and the charges were dismissed.” What, exactly, were you accused of? What were you charged with? What is the detailed disposition of the case? Did you not know about this 2004 incident until the other day, or am I misreading what you wrote?

When you write the security manager questioned you about sex and race, can you elaborate?

Well “abc123” I appreciate your inputs and advice first and foremost. I did contact quite a few lawyers that specialize in the field and during the consultation I was also told that I could have been granted an interim due to the circumstance. I put the legality on hold to see if I can gain a positive result through my ADR case. I opted for ADR for it is not my pleasure to bare witness that anyone stress over their job or profession. I would rather see an individual submit through required training than to lose their job. At the end of the day I am unaware of their commitments and do not want to play apart in jeopardizing in the event they were unaware. It’s a energy thing I strive for. I just wanted to have my facts in a row before we embark.

CrazyForts my statement in my mind I was never convicted of a crime stems from having charges dismissed on returning to active-duty after my convalesce leave from my operation ended. I was a armorer and a Military Policeman and my duties never changed nor was I downloaded. Unsure of your LOL. Like I said previously the Department of Defense and the Navy interviewed me in 2007 and adjudicated me as the charge was a dismissed disposition and I carried on. The eQip Questionnaire clearly ask if the member has committed and charged with a crime in the past 7 years. I only been charged with late fees for returning a Blockbuster video late, I have no charges on my record.

The security manager asked me without no filter, no directive, without inputting any information…if I consider myself to be a man, or am I a female or male impersonator? Later he asked what do I call myself or whom do I identify with, African American?

I am a heterosexual male by all means. I’m a previous bodybuilder, so I felt he was applying to something else. As far a the homosexual community, I am not a member, however I am aware that they have protected rights as well as all walks of life, so I did not understand where it was coming from and why present a question without tact. As far as African American, why just give me one option and ask is this what I call myself? I can be Hispanic, Latino or even decline to answer, besides Human Resources have the answer. Am I wrong?