Ok, so a little back ground first:
Back in 2009, while active duty USMC, I had to once fight for my clearance due to falsefied statements and information supplied to initial investigator. Fought, won, got my clearance re-instated with TS/SCI granted.
Just recently went through a PR, and during this PR the agency decides that they want to give me a SOR and revoke my access to SCI, after working as a contractor in the same building for about 4 years now. When I recieved my SOR of LOD it reads almost word-for-word same information from the previous time I had to fight for my clearance, aside from a menial ($3,700.00) dollars of debt questions.
I was floored that when I asked the investigator if they even had insight on the previous rebuttal and or procees, which mind you went to the Director of DoNCAF, he told me he had no visibility of anything dealing with it. So I told him it makes perfect sense that they would “walk me out” of the building with my SOR. The problem I have is that %90 of the information used to compile the SOR was exactly the same information from before. Which almost every bit of it, aside from the financial stuff was false and rebutted previous.
So below are some questions I have if anyone might be able to answer them for me.
Q1. Does the agency/DOD have specific guidelines (aside from DoDD 5220.6) which state the length of time they have to respond to a rebuttal?
Q2. Is there such a thing as “double jeopardy” when it comes to clearances?
Q3. Should the investigator have had access to the previous rebuttal and paperwork from the last time my clearance was re-instated, to make a sound decision in the re-adjudication of my clearance this time?
Q4. If there is a timeline in when they are to respond, what are my options and or grounds if they go past this said timeline?
Q5. If I did not input in the rebuttal about wanting a personal hearing, due to not knowing it had to be in the rebuttal, is there a possibility to still have this said personal hearing in front of a board if needed to decide my clearance?