Security Clearance Question, dealing with Double Jeopardy

SECURITY CLEARANCE Q&A
1

Ok, so a little back ground first:
Past:
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.

Currently:
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?

2

Just to be clear: you were issued an SOR by the USMC to which you responded and were able to mitigate and get a clearance granted.
Now your are with a different Agency and they have issued an SOR based on the results of a periodic reinvestigation?
If that is the case then it stands to reason that the information that you previously provided to the USMC adjudicator was not a part of the previous investigation, it came after the investigation was completed. None of that will get to the new adjudicating agency, they only see the issues that the reinvestigation discovered, not the mitigation you previously supplied to the previous agency.

3

Back in 2008-2009 I was issued a SOR/LOD from DoD USMC in reference to revoking my clearance and yes, it was mitigated and my clearance was re-instated and actually upgraded from a SEC to TS/SCI.

Now I am with a Agency outside of the Marine Corps, but still DoD and supports the military, and they have issued me a SOR/LOD with exactly the same reasononings aside from a few financial obligations that are more current.

The information and rebuttal from prior was directed and sent to the Director of DoNCAF.

So does the information on why the clearance was “revoked/suspended” and “re-instated” not get added or put in my personal security file or attached in some way and or form?

4

No, that information is kept in your local security file and only the final decision is available for others to see. Not knowing any other specifics any further advice would be based on assumptions. I advise you carefully read each issue in the SOR and address them just as you did previously.