Backstory: I am a federal contractor and lost my clearance in February 2018 from DoD CAF. With the assistance of my security clearance lawyer, I was able to switch to unpaid leave status until 09 June 2018 (the firm was going to let me go with the eligibility to rehire once the issue was resolved. However, one cannot proceed to appeal if their clearance is not sponsored by an employer).
Question: How long does it take to receive SOR from DoD CAF? I recognize it could be somewhere between 30 to 90 days. I want to hear your experience, please.
P.S. I am presuming my clearance was lost due to foreign national contacts, as I see no other issue in my personal life that could affect me negatively.
Like I said it took nearly 2 years to get an SOR back from them… 2 years…but I suggest going on the internet and searching an SOR and go on YouTube and searching…I’m at work so I can’t give you any links.
kiki08: I don’t understand. Was your clearance or access suspended? For contractors clearances are not revoked by DOD CAF. DOD CAF writes the SOR and the case is ultimately decided by DOHA. DOHA doesn’t make a decision until have you have answered the SOR and a DOHA Administrative Judge mades a decision. Where are you in this process?
Pretext— I have been a federal contractor with a DoD clearance held since 2009. That is, until 22 February 2018 when DoD CAF abruptly denied me clearance, without an ongoing reinvestigation or PR. On 07 February 2018, I had called Scattered Castle (SC) to help with certain certificates on JWICS. The person over the phone felt a need to be alarmed after seeing the CIA 2015 denial of clearance. I explained to him, I had informed all whom it concerned before getting on board on the contract with the DoD. Yet, within hours I was escorted off the building. Regarding the CIA denial of clearance; I received a SOR after applying for a contracting position with them. Admittedly, I felt intimidated and defeated. In retrospect, and needless to say, I regret not appealing within the deadline. Legal experts who have read the respective SOR called it ridiculous. It was based on guideline B; foreign influence.
DoD CAF disclosed to my FSO on 19 March 2018 that they will NOT issue a SOR based on “reciprocity with the CIA SOR issued in 2015” and suggested appealing directly with CIA, knowing all too well that ship has sailed. Their response was availed only after spamming with email/letters because per policy DoD CAF would only speak to the FSO, whereas, my FSO says it is between me and the USG and wanted me to patiently wait for at least 45 days before calling him.
I understand with certain exceptions, a security clearance granted by one agency may be accepted by other agencies by reciprocity. However, clearance denials are not accepted as "reciprocity", though, an agency may use derogatory information obtained from another agency to initiate a denial or revocation. They are required to provide me my due process. While working for the DoD, they would have to revoke my active clearance - not deny it. Even if they revoked it then they are required to provide me my due process - which requires the SOR and an opportunity to appeal.
You didn’t originally state that SCI eligibility was involved. For DOD contractors the process is different for SCI. DoD CAF will issue the SOR and you will respond to DoD CAF. If a Letter of Revocation is issued, it will be issued by DoD CAF. DOHA doesn’t get involved unless you appeal the revocation and ask for a “personal appearance” (like a hearing) before a DOHA judge. I still don’t understand what you mean by I “lost my clearance.” Later you said “DoD CAF abruptly denied me clearance.” What clearance did you have, who granted it and what happened to it? Exact terminology is important.
@willam-henderson the issue at this moment is that DoD CAF has decided they will NOT issue the SOR. No one has used the word ‘revocation’ with me thus far. The only term used has been ‘denied’. See if the timeline below clarifies your question:
01 NOV 2009— Secret Clearance as a DoD Federal Contractor
10 FEB 2012— TS/SCI (ARMYCCF / DOD)
01 FEB 2013— Applied for a Contractor Position with CIA while employed on a USAF contract
17 DEC 2013— CIA grants FS Poly
03 MAR 2015— CIA Denies Clearance based on Guideline B
19 DEC 2015— NSA Denies Access, I work from home for USAF contract until 22 MAR 2016
22 MAR 2016— SCI InDoc (ARMY) Started work on Army contract
07 FEB 2018— I called Scattered Castle to help install certain certificates on JWICS. Helpdesk person saw CIA clearance denial and felt alarmed; I am escorted off the building within hours.
22 FEB 2018— FSO informs that DOD CAF has “Denied” me clearance
19 MAR 2018— FSO informs DOD CAF has verbally told him they will not issue SOR based on reciprocity with CIA denial of clearance in 2015. Separately, my PR is submitted on the same date.
Whose building were you escorted out of? I’ve heard of agencies “effectively” accepting the clearance denial decision of another agency on a reciprocal basis, but they issued their own written denial/revocation decision, mimicking the rationale of the other agency. So far you have only received oral notification of what has happened. You should wait for written notification. In the meantime you can request copies of your JPAS and Scattered Castles records to see for yourself exactly what is recorded in them.
There have been cases where a DoD IC agency has effectively done an end run around E.O. 12968 by revoking building passes (without taking any action on clearance eligibility), which makes it impossible for the contractor to do his/her job and results in the person being terminated from their employment. E.O. 12968 require procedural due process for security clearances, not for building passes.
Hello @willam-henderson, as noted before, DoD CAF has relayed via my FSO that they (DoD CAF) will NOT issue any sort of written notification, whatsoever. That is why I am stuck.
To your question before (whose building were you escorted out of?): I was working on the Army contract, it was Army’s building I was escorted out of. It is not a loss of access. It is the denial of clearance, stated by DoD CAF via my FSO.
I have FOIA PA records from all JPAS as well as SC.
You use the word “denial” of clearance. A person is denied a clearance based on an initial application. After a person is granted a TS/SCI clearance, the only possible action is to suspend or revoke the clearance or suspend access. You were granted a TS/SCI by Army in Feb 2012. You should have submitted a new SF86 for a reinvestigation more than a year ago. Did you? If you’ve seen your JPAS and SC records, do they say “denied” or “revoked?”