I received an SOR back in October 2023. I submitted a rebuttal, but have not heard anything back yet. I hired a lawyer just in case I received a revocation of the clearance.
I am just wondering how long this process usually takes before a person hears anything back if they can keep the TS clearance of the TS clearance gets revoked? I am currently in the Massachusetts Air National Guard.
Thank you.
You are well past your 1 year date . The case should have fallen off and your record will still remain as denied or revoked or cancelled.
Was this CIA?
I still have the TS clearance but never received any notification after submitting the rebuttal. This is for the MA Air Guard.
Then they dropped the ball or your commander overruled it. Go to your SSO.
Do you mean the commander over ruled the revocation?
Yes possibly. Although that wouldn’t be a reason not to tell you. You are FAR past the time where you should have been processed.
When you got denied did your applicant portal also update? Or did that not exist back then?
Perhaps your state was the National Guard state recently hacked by the Chinese Salt Typhoon hackers and that’s part of the problem?
If your clearance was denied for simply failing a polygraph, then the CIA was not following the law. An applicant or CIA employee or contractor cannot be denied or have their clearance revoked due to simply failing a polygraph. In addition, disciplinary action cannot be taken for simply failing a polygraph.
If the CIA denied you a clearance over a failed polygraph, then you should have gotten a lawyer because your case would have been able to win your case. When it comes to polygraphs, the CIA, along with the rest of the federal government, cannot deny a security clearance over the results. The only thing they are allowed to use for polygraphs are voluntary admissions. If it was just a bad polygraph, at most the CIA would give you a suitability denial.
Your commander cannot overrule a clearance eligibility decision made by DCSA. There should be notations in your DISS record that show what’s happened/happening with your case. Your MAANG security manager has online access to your DISS record and should be able to tell you the status of your SOR/SOR response. If not, your attorney should have advised you to make a Privacy Act request for your DISS record and adjudicative files from DCSA at Ft. Meade using DCSA Form 335. DoDM 5200.02 says the adjudicative facility should act on an SOR response within 60 days of receiving it (90 days max.). However, DCSA usually takes about 6 months (+/- 3 months) to make a decision on an applicant’s SOR response. If your clearance is denied/revoked, you will have an opportunity to appeal to the USAF Personnel Security Appeals Board (PSAB) with or without a personal appearance (hearing) at the Defense Office of Hearings and Appeals. Your lawyer should have advised you of all of this.
Hi William. I have a quick question. I am currently going through an appeal for a previous denial with DoD IC agency. It has been over year, but the appeal is still on going. Do you know if I can be still granted a security clearance from another agency or do I have to wait until the appeal is over.
My appeal was “over” once i hit 1 year with cia. I never got to the finally appeal. Once the year is up, the “appeal is over” is what i was told by them.
I was able to use my DOD Clearance in DISS and yes, it was adjudicated even after the denial by CIA.
May not work with NSA or another DOD agency but it did with non DOD so maybe you could get on with CIA.
I looked it up and yes, you are correct. What i read was before DCSA so not sure if that is why but i read it somewhere about the commander.
Vanilla_Spice22: The worst case I’ve had involved a CIA applicant whose appeal took 8 years to get a 2nd level review decision. The CIA stated in writing that the applicant could apply to other agencies for a security clearance while his appeal was pending and that the CIA’s security decision would not automatically disqualify the applicant from getting a clearance at another agency. There is no reciprocity for clearance denials; however, you might be precluded from applying to a component agency of a larger agency such as DoD or DHS, until one year following the denial by another component agency within the same larger agency. I’ve had clients who received security clearance from a DoD agency after being denied by the CIA.
Thank you for the response. The denial is not from the CIA, but from NRO. Unlike CIA, the SOR I received explicitly states that “however you cannot be resubmitted while in the review or appeal process.” Does this only apply to NRO or the whole federal government?
Also how long does it take for NRO to a make a first level review decision?
I was working for NRO when i has a denial before. CIA handled the clearances for them.
I was cleared by DOD after CIA denial. But now NSA denial is affecting my DOD (DCSA) clearance.
Question, I was told today by another attorney that the only way my CIA appeal would have been “closed out” is by myself or my attorney closing it out by request or simply not submitting to go to next step in appeal. Does that sound correct?
I was simply told by CIA that my appeal was closed since the 1 year period had already lapsed. I never closed it out.
Bebe1979: There is no provision in any law, E.O., or regulation that allows any agency to simply close a security clearance appeal because after 1 year they still haven’t made a decision. Did the CIA give you something in writing that says they unilaterally closed your appeal without making a decision?
If you received a letter denying or revoking your clearance, you cannot apply to any federal agency for a period of 1 year from the denial/revocation date specified in the letter, regardless of whether you appeal the denial/revocation. For DoD civilians and military personnel the 1 year period starts on the denial/revocation date or the appeal decision date, whichever is later. Two years after they separate from the military or terminate DoD employment, they can apply (like any new applicant) with DoD for a position that requires a clearance (DoD contractors have to get permission to reapply).
Vanilla_Spice22: No one knows what the average time is for a 1st level review at any of the IC agencies. You might be able to get that information using a FOIA request to the specific agency. There is nothing in ICPG 704.4 about waiting for a final appeal decision before you can reapply for SCI eligibility. But it’s logical that you wouldn’t be able to reapply to the same agency while they are processing your appeal. ICPG 704.4 only says you have to wait 1 year after the date of the denial/revocation. With IC agencies you get the opportunity to respond to their letter of denial/revocation and ask for a 1st level review after they have denied/revoked your clearance.
Hi Mr. Henderson.
They didn’t say who closed it, they just say it was closed. I’m gonna call them today to see what happened.
SO i gave them a call today and they said that because I didn’t spell it out for them that i was submitting all this mitigating information to my appeal, they closed it out. I also didn’t spell out that i wanted them to close it so i’m unsure why they just went with thinking i didn’t want to continue process. The only thing that explains this is their incompetence and attention to detail. Why would i be submitting many more documents if i didn’t want to continue. They are imbeciles!