Read Page 366 from here: http://www.dhra.mil/Portals/52/Documents/perserec/ADR_Version_4.pdf
Just keep in mind that when doubts exist about one’s trustworthiness and reliability the judge always errs on the side of national security. It is up to you to provide information that mitigates any issue.
Just an update . . . My response to the FORM was returned to the department on September 15, 2017. They told my congressman’s office that it would be assigned to a judge shortly.
How long should that take?
My response was about 30 pages including attachments. I went through the issue on the FORM on at a time and discussed the issue, with a history, and related it to all of the applicable mitigating factors listed in Guideline F.
Nothing that was listed shows any pattern of financial issues or an unwillingness to pay debts. All of the problems were, as clearly as I was able, tied to periods of unemployment. I used the department counsel’s own words to counter his argument.
I think that I made a strong case.
Does anyone have an idea how long this adjudication could take? It’s obvious that this process is broken. Does anyone know if congress or OPM are actually working on the problem? I’m hearing numbers like 750,000 applications backed up!
If you look at previous cases, they all vary in timelines. http://ogc.osd.mil/doha/industrial/
Some show that after the FORM was received it still took months for a court date to be set up. I wouldn’t count on any specific timeframe and try not to think about it or expect an outcome. It only makes you more stressed during the wait.
Mike . . . Those are appeals, not adjudications . . . These take place after the judge’s decision.
I apologize if that wasn’t helpful. I was just reading some cases and it shows information like "SOR sent to applicant March 18,2016 " , Applicant answered and requested a hearing. “August 4, 2016” case was signed to a judge. “Oct 26,2016 hearing was scheduled” . So according to that information, after the SOR was submitted, it took roughly 5 months for the court case to determine a final outcome.
Good news all! Yesterday, I received a package from the DoD . . .
Yes . . . The case was adjudicated in my favor! Now, I have to find out this week if there is still a job for me but I’m pretty sure that there will be something else if not the original position.
Department council has 15 days (less now) to appeal but I’m not sure why they would. As I stated in the original post, they didn’t appear to make a strong attempt in the FORM and the judge seems to have taken my written response very much to heart. As in, the way that the decision is written, it appears that the judge may believe that everything should have been addressed by the investigation as completed in March of 2017.
Well . . . Good news two weeks ago . . . Crumby news this past weekend . . . Department counsel has decided to appeal my case . . . This is going to mean a few more months before a final decision . . .
Reading the judge’s decision received two weeks ago, it doesn’t look like the case was even close. The judge took my side every step of the way, agreed that the financial issues on my SOR were not as serious as counsel attempted to represent and she backed the mitigating factors that I discussed in every case and in clear terms.
My understanding is that counsel has to show that the judge made errors on the facts presented. What kind of errors could these be?
I haven’t received their brief, it’s not due until December 4 (Which really stinks because that means that my reply will arrive to the appeal board just before Christmas!)
Can anyone make some recommendations on reading that I should do in order to get ready for writing the appeal board brief?