I received a package in the mail today from my FSO. The package contained the following documents: a one page letter, a copy of my most recent OPM background investigation, a three page document called “Interrogatories”, and a copy of DoD Directive 5220.6.
The one page letter begins with the following: "Your response to the Statement of Reasons (SOR), in which you requested that a security clearance, or position of trust, determination be made without a hearing, has been received by the Defense Office of Hearings and Appeals (DOHA). It goes on to say I have 30 days to review and respond so that an Administrative Judge can make a determination.
Nowhere in any of the documentation they sent me does it explain what I am being accused of. Also, this is the first contact I have had from this office having never received anything else before. I contacted my current FSO and past FSO and neither of them have received anything else.
How do I proceed with this? If I never got the original SOR, how could I have responded to it? How can I respond to the documents I received today if they do not outline what I am being accused of/what reasons they are using to try and take away my security clearance? I have left voicemails with the POCs listed on the documents as well as DOHA, but have not heard back.
The very first thing that I would do is double check and make certain that the letter is intended for you. Everything that CAF sent me included a copy of the SOR.
You have a current and past FSO so, I’m guessing, you have a clearance or had one in the past. Are you aware of the most current investigation? Are you currently working with a clearance?
The advice that you already received is a good start but you don’t want to sit on this. You, obviously, need to address this quickly.
I’ve had a DoD Secret for over 10 years with a periodic reinvestigation closing in Jul 2016. I was put in for a TS in Nov 2016 and have just been waiting and waiting. In Feb 2018 I was told my background investigation was closed. I have been waiting for adjudication since Feb 2018 and instead today received this envelope in the mail. It is indeed intended for me.
I’ve also had two clearance lawyers take a look at the documents today and they are just as puzzled as I am. Their advice was to call the POCs and just start asking questions.
Update: I spoke with three different people at DOHA today. The first assured me I did receive a SOR, not only did they say I received it, but they say I responded. I of course did not and argued this. I was transferred to a supervisor who then informs me that I was sent the correct packet but with an incorrect cover letter. The new cover letter says:
“Please provide answers to the enclosed questions (Interrogatories) and return your response within 20 days from your receipt of this letter. You must sign and notarize your response.”
and
“You may refuse to answer these Interrogatories. However, if you do so, your application will be denied. Any current security clearance or eligibility to hold a position of trust you may now have will be revoked. Your employer will be notified of this action, which could affect your current employment and your future employability requiring access to classified information or a position of trust.”
The interrogatories/questions are nothing more than asking me to confirm my background investigation and if I would like to make any changes and if so to list them.
The person on the phone told me this is what comes before I receive a SOR. I will be making my reply to this promptly.
That all makes sense . . . I’m not sure that it will always be followed by an SOR. I would say that it should depend on your answers.
Read the BI report carefully. Verify dates, ALL numbers and look for possible problem information. If you can’t find anything that might prevent your clearance, it might be worthwhile to have a clearance lawyer look it over and see what they say.
Well at least you got some more info… that’s good news.
So what is this, some kind of pre-SOR? If they think there is something wrong with your answers, I wonder why they didn’t just have an investigator contact you.
That’s the great thing about this forum, you hear all kinds of odd situations… at least stuff that I have not heard of before.
It sounds like there is a discrepancy between information you provided on your application and information uncovered in the background investigation and they are giving you an opportunity to review and make any changes to information you may have inadvertently left out before they go down the SOR path. As others have suggested, go over the interrogatory carefully and think about what answers you provided previously. Your response may preclude having to answer an SOR.