Security clearance disapproval/denial


#1

Hello everyone!

I am a new user here and wanted to know if anyone can help or provide some guidance on my security case? Any prompt feedback would be greatly appreciated and will make my holidays happier!

Long story short, I received a conditional offer from one of the Intelligence Community agencies and subsequently I started my security clearance process. While I had and still have a TS status, the entire process including medical checkup and polygraph took more than a year. After a year long process, I received a letter disapproving my clearance with the requested agency which resulted in rescinding of the conditional offer.

I submitted an appeal and received a confirmation letter that my application was placed in the queue. However, it has been a year and I have not heard anything back and am still waiting to hear a response. In the interim process I applied for a job with another IC agency and received a conditional offer again pending completion of my security clearance.

The sad news is that I recently received an email from this other agency stating that they are unable to process my security clearance process until the pending appeal case is resolved.

It is discouraging that I lost a really good job with the first agency and now I may not get this new job either!

Please help and provide any guidance/feedback on how to overcome this issue. I work and live in the DC area and would be more than happy to meet in person or provide my email/phone info for a conversation as well.

Thank you for your time reading my message.

Sincerely,
MB


#2

I presume that because you were able to appeal the decision, it must have been a formal clearance denial and not a suitability denial. @amberbunny @Marko might be able to offer some guidance.


#3

Did Intel position 1 try to cross over" your clearance and it wasn’t possible? Did you get a statement of reasons as to an actual denial? Third possibility is they requested an interim and that was denied? A denial of an interim isn’t necessarily a bad anything. Likely it means there is something requiring adjudication. Someone is trained and charged with weighing and evaluating a piece of information and determining if it is a show stopper. I see a lot of denials for interims. Not a bad thing, just means they need weigh something.

If it was a denied Cross over; TS eligibility from DoD, and Intel job tried crossing over, but was denied. Happens if the BI is out of scope, or there is a designation on the clearance blocking cross over. Meaning, so meaning something needs adjudication. Again, does not mean a negative. At times they merely request a full blown initial investigation.

Or…a formal rejection, and denial for cause. That normally generates a statement of reasons which is exactly what it sounds like. a statement of denial reasons. It includes possible appeal paths. Based on what you wrote, it sounds like this was a denial and a receipt of the statement of reasons.

If so are comfortable giving us more info as to what specifically they took issue with and if you have any possible mitigation for it? It could be a recent drop in credit score, bills unpaid, FICO under 650, or possible recreational use of drugs, or misuse of another person’s prescription. I am not throwing shade or accusing you. Those make up the bulk of denials.Sometimes they lump items under "personal conduct, but those areas are personal conduct.

The appeal process is not a rubber stamp backing up the denial. Plenty get overturned. Did you engage a clearance lawyer or simply write the appeal yourself? Were you able to include new information not available in the BI? Or did you simply restate what they already knew? That is a common error in appeal submissions.

Finally, you mentioned Polygraph. Did you have one or two Poly’s, and was there a follow up interview afterwards? Generally speaking we know what questions gave us problems. Or what questions they told you generated problems. If comfortable, can you discuss some of that?


#4

Thank you so much for your reply. I look forward to hearing from them soon!

Best,
MB


#5

Thank you for your reply. Yes, it seems a security clearance denial. Marko, would you be able to suggest or provide any guidance? Thank you!

Sincerely,
MB


#6

You stated you already had a TS, so what you are referring to is the SCI application process? If your appeal is still pending then there is nothing you can do ubtil the final decision is issued.


#7

Yes, the clearance was for an IC agency which was a SCI. I have to get an answer because I can’t move to the new agency or I may not be able to the job!


#8

@MB10 you do not say anywhere if the TS clearance you had before all this has been revoked. Do you still have that first clearance? Are you still at the same job?


#9

Yes, I still have the TS clearance and working in the same job. As I stated in my initial narrative, I did not get the job with the IC agency and may not be able to get the current offer with another IC agency due to this issue.


#10

Well that is a plus. Sometimes a denial from one agency wipes out everything.


#11

Some do use what is called (at times) “rat-back.” Meaning they inform all clearance approvers of a revocation or denial. I try to be as transparent as possible briefing employees on challenges and I faced a few along the way. If one tells me they used recreational drugs while cleared…or their finances were in desperate straits, I have no choice but to send a note to file to clearance division, and it may or may not spark a reinvestigation. However, if a person isn’t currently full scope cleared and would rather wait to obtain the clearance and suffer the trials and tribulations undergoing this deep check, I am content. In the vast majority of cases on this 400 to 430 person contract, a denial of an upgrade comes with revocation of the Secret clearance. In roughly 3 cases they allowed us to keep a person at Secret cleared. That is a very low number. Less than 1% of total.

Are you comfortable discussing the reasons given on the SOR?


#12

Yes, I would be fine but won’t be able to discuss it here? Is there any other way I can share it with you directly?


#13

Hi @amberbunny, In that first paragraph you mention what I think is happening to me! I initially got approval to work the OPM contract, had all my training scheduled etc, then out of the blue SCIS rescinded their offer, and I was left not know what,why,when,how? I called SCIS who’s HR clerk was less than helpful and wouldn’t tell me anything, I called NBIB/OPM who said my file was still open and they could see no issues? I’m a naturalized US citizen and held Top security clearance in the UK. My confusion stems from being initially cleared then for some unknown reason everything halting again. Any advice would be much appreciated …thanks M


#14

When you say TS in the UK, you mean a US government clearance eligibility of TS? Correct? What was the date of the BI closing, or more easily answered what month and year did you get “cleared” for the TS position in the UK? A couple of things might have happened:
BI is out of scope
Recent foreign travel, even UK 5 eyes (not unusual for naturalized citizen)
Substantial foreign connections (not unusual for naturalized citizen)

Or…some item requiring adjudication. If they had you in for an Interim and a full eligibility…you may have had the interim denied, not the entire final eligibility. NBIB telling you it is still open tells me that is likely the problem. If it is explainable, it is understandable. So if it was a visit home to see mom and family, not an issue, but something they need scope to make sure it is all okay.


#15

Currently there is no direct mail. As the site uses pseudonyms it gives a degree of discretion. Do not compromise classified, or a company or client by name, and we should be able to understand the situation and give our best judgement as to what is happening.


#16

MB10 - Did you receive a Statement of Reasons for the disapproval of your clearance? This would list the specific adjudicative guidelines that were the basis of the disapproval. It looks like you submitted an appeal and most likely addressed the concerns and presented your mitigating actions to show any issues not longer exist and you can be trusted with National Security data and information.

It does not seem logical that you have a “current/active” top secret status if you received a letter of disapproval of clearance.

You are in the queue and it will be delayed as many players are “shutdown” from working at the moment. You don’t say if you requested a formal in person appeal or just for the judge to review. An in person appeal might take a little longer.

Good luck. I have been through the process and was unsuccessful in mitigating the Washington Headquarters Services concerns after a formal hearing.