SCI Denial Next Steps

Hi CJB Friends,

I have been a long-time lurker here and have gotten a lot of reassurance during my clearance process. I’m in a situation I haven’t seen covered on any of the forums I have searched, so I was hoping to get some clarity. I accepted a CJO with an IC agency and they started work on my clearance. Towards the end of the process, I received a job offer from a contractor willing to sponsor me for the same clearance level. I explained to them that I was already in process with the IC agency and was nearing the end so there was no reason to start another investigation. However, about a month ago, I received a document that said after an adjudicative review of information from my case “it may preclude me from being granted access to Sensitive Compartmented Information”. They mentioned that under personal conduct they decided to flag my clearance application, and I decided not to appeal it and withdrew. About a week later the contracting company asked if I was still interested in the position and said, “Looks like your clearance process is going well and you got your TS we are just waiting on the SCI”. I know that the IC agency isn’t going to finish off the SCI since I withdrew my application. Should I explain my situation to the FSO and try to get my SCI sponsored through the contractor? Should I wait till it reflects in DISS instead and ask then? Will the SCI cause the TS to nullify and should I give up and move on?

Thank you.

That wording is kinda weird but as the man said, it is what it is.

Sometimes an agency will clear a contractor that they might not clear as a staff hire. I’d let the contractor job application process continue, you may still get the SCI on the contractor side.

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  1. An adjudicative review of available information, associated with your application for employment with the _____ disclosed information that may preclude you from being granted access eligibility for Sensitive Compartmented Information (SCI). Eligibility for access to classified information is predicated upon meeting personnel security guidelines in Intelligence Community Directive Number 704 “Personnel Security Standards and Procedures Governing Eligibility for Access to Sensitive Compartmented Information and Other Controlled Access Program Information,” October 1, 2008.
  2. A preliminary investigation of your personal history raised serious concerns about your reliability, trustworthiness, and judgment. Specifically, you reported information evaluated in accordance with National Security Adjudicative Guidelines of Personal Conduct.

^ Exact wording from the document. Also wanted to clarify that the agency I applied for and the agency the contracting company works with is different.

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Thanks for posting that. But it was not exactly a denial? Maybe you were right to withdraw before it got to the official denial phase.

I was at a contractor where I worked on a job that was at the secret level, but the follow-on contract was going to require SCI access. Some people had issues getting that clearance, and our FSO somehow got the word or just knew that there was going to be a denial and she advised folks to withdraw before the formal denial notification came.

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You have two options:

  1. You may withdraw your application for employment and reapply for a position of trust and responsibility with ____ one (1) year from the date of this letter. Withdrawal, in itself, will not reflect adversely on your eligibility for access authorization. If after a year you decide to submit an application for a position with ____, your personal history will again be evaluated in accordance with the above references. Resolution of security concerns would include abstaining from excessive alcohol consumption and being fully frank and forthright with questions posed by security officials, including providing information about this adjudicative action during future investigations.
  2. You may go forward with your application for employment with ____. You will be given a Letter of Intent to Deny Eligibility for Access to SCI with a Statement of Reasons. You will receive the Due Process procedures authorized by Intelligence Community Policy Guidance (ICPG) Number 704.3, Denial or Revocation of Access to SCI, Other Controlled Access Program Information, and Appeals Process, October 2, 2008 (Enclosure 2), which includes the process for appealing denial or revocation. The due process action may take six (6) to (9) months to complete. If the final decision is to deny your eligibility for access to SCI, the decision will be entered into the security system of record and may affect your current and future clearance eligibility with other Department of Defense agencies.

^ These were the two options. I went with the first option, so I assume if I reapply for an SCI with the contractor, the investigation will build upon where I left off. It seems like your FSO had a similar option that I had and was able to withdraw before a formal SOR.

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I don’t think I’ve ever heard of a letter like that. Anyone else seen this?

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You “may” get cleared for SCI from another agency, say you applied with CIA and then went DOD. BUT, and this is just an assumption, If this is your first clearance, then it may preclude you. Don’t tell the contractor anything, if they want to proceed, let them. They may not ever hear anything about your withdrawal.

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Appreciate the advice. This is my first clearance so I am a little skeptical that everything is gonna work out smoothly. I guess I’ll have to wait for it to update in DISS so that I can ask the contractor to sponsor me for SCI.

Still no update yet - but since I withdrew my SCI application is my CI poly invalid? Or does the SCI not affect the poly? Is there a good chance I will have to go in for a polygraph again when reapplying for SCI?