The Gift That Keeps on Givin


#1

Some of you will remember this . . .

July 2016 - SF86 goes to DoD
Feb 2017 - Interview with OPM
July 2017 - SOR
Sept 2017 - FORM
Oct 2017 - Favorable decision by judge
Nov 2017 - Letter from the Appeals Board that they have been notified that Department Counsel will appeal the decision

Yesterday, November 18, 2017, late in the day, I receive an email from my prospective employer that JPAS is showing me as cleared and they want to call me on Monday to discuss a start date.

My question is: Does this mean that there is no appeal? Am I clear to leave my current position and start my cleared position without worrying about the Appeal Board? Or, am I still at risk of being denied?

Who do I ask? How can I find out if there is no longer a chance of appeal?

I don’t want to leave my current position, as much as I dislike it, and then end up without a job.


#2

Well . . . Some good news! Today’s mail brought a letter from DOHA . . . Department Counsel has withdrawn their appeal!

I should be able to start working in the next few weeks. I find out on Monday!


#3

Congrats on successfully navigating the process. Ensure you keep all documentation related to your appeals in the event ever needed for future PRs.


#4

Thank you Marko! I’ll let you know how I make out this week . . . We have to make sure that there is still a job for me . . .

It’s quite a process and I have to say that, despite the fact that I managed to work my way through it, it is severely broken and needs major reform. The process, as it is, keeps good people at bay by keeping them out of position where their skills and experience are sorely needed.

This cannot be in the best interests of national security . . . I plan to continue trying to talk with my congressman and senators about this subject.


#5

Any updates? I wish we could have PM messenger on this site!


#6

I started working on January 8, 2018 . . . There were a few little hiccups but nothing serious . . . Yes, an IM system would be great.

I’ve considered offering to post my email address and then go back and delete after the person makes contact. But, the truth is that I’m pretty easy to find on Facebook . . . But, I haven’t spent much time there over the last year.


#7

How long were you in adjudication?


#8

How long were you in adjudication? Some of us are dying to know!


#9

If you look at the dates above, I was in adjudication from March until July when I received my SOR. I responded to the FORM (my hearing on the written record) in September, was favorably adjudicated by the judge in Oct and it took them another month to decide that they would not appeal.


#10

If you like . . . Reach out to me at [email protected] and I will be happy to talk with you about what I went through.

I’m going to delete this in a few days.


#11

What is an FORM? I’m under Financial considerations myself but at the same time I would like to know will they grant me a full clearance or will they extend me my interim clearance please let me know if you know any information


#12

Gonzo . . . As noted elsewhere, nobody can tell you if you will receive a clearance and nobody can tell you if your interim will be extended. It depends on your particular circumstances AND how well you presented your case.

FORM (File Of Relevant Material) contains the basis of the government’s case against granting a clearance. This is what is presented to the judge before a “hearing on the written record”.

Basically, you fill out an SF86. If the government does not want to grant you a clearance, they will produce a SOR (Statement Of Reasons) list their complaints. You can request a hearing either in person or “on the written record”. In the latter case, the government produces a FORM, you produce a response and an administrative law judge makes a decision.


#13

Much better response than anything else!!!