Timeline for SOR: Criminal Misconduct


In February 2017, I was investigated while at Warrant Officer Candidate school for my clearance renewal. I informed my investigator of an incident I was involved in back in July 2017 with my wife and two other neighbors. Basically my wife got into a fight with two of the females and I went to go break it up and pulled my wife away. One female got pissed off and started yelling and filming me because I was blocking her from trying to hit my wife. Once the cops arrived the female lied and said I pushed her against the wall and chocked by the neck, of course more lies. She presses charges, I wrote my statement and pressed charges back.

Fast forward, got a lawyer, prosecutors office does not file criminal charges and statute of limitations finally run out so they can’t later try to charge me for anything. All this was told to my investigator.

Jan 10, 2020 (even though the response packet was dated Jan 2019), I find out by S2 my security clearance has been revoked due to criminal conduct from incident and no proof showing the charges were dropped or case was closed.

Jan 17, I submit my response letter, letter from my lawyer with response from prosecutors office not filing criminal charges, the police report, all of my army evals showing I’ve never been in trouble and character letters.

How long will it take for a decision to be made and does DOD CAF go back and do another background check to find any new issues?

So . . . this incident happened during your investigation? Where the charges dropped? Or, were charges not filed? You kind of say both here. Were you arrested?

I would expect at least six months for a decision. But, if everything in your post is accurate, I would expect things to come out in your favor.

The incident happened prior to my investigation but after I filled out my paperwork for my renewal. I disclosed of it during the investigation. I was not arrested and even though the female pressed charges on me, the prosecutor’s office did not file any criminal charges on me. They did not do anything and just let the statute of limitations run out instead. Nothing else happened.

I’m supposed to be promoted in april…do you think this will stop me from being promoted?

I can’t answer that question . . . It sounds like something is going on about which we are not aware . . .

For DODCAF, it is 60 days from the day the response was submitted to the CAF. Be aware that your appeal gets sent up COC before it actually gets to the CAF.

I went through the same thing. Just be patient. Check in with your FSO around the 60 day mark as well. They don’t get “notified” of it gets adjudicated.

Ed, just wondering. What is your background in the security clearance process? Are you a BI or an adjudicator? Just curious.

I’m just a security holder . . . However, I was dragged through the muck to get my clearance and before that, I helped prepare a defense for another contractor who was threatened with having their clearance pulled. I have no inside information other than what I have gathered here.

At the same time, I remember almost everything that I read (it can be a curse) and have a engineers knack for pulling complicated systems apart in order to understand how they work. I’m a damned good writer and understand how to put a logical argument together.

Why do you ask?

Just curious, you seem pretty knowledgeable about the whole process. You’re a good resource for the folks who come here with questions…especially since this process can be so nerve wracking.

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Thank you . . . I take it very seriously . . . Sometimes too much so!