Unresolved Incident Report


#1

I hope to learn a bit about the unresolved incident report and DoD CAF process. There is an unresolved incident report from my previous agency, and my current employer's FSO submitted Research, Recertify and Upgrade (RRU) request in order to close the incident report. However, I accepted offers from two agencies that require clearance level similar to Tier 5, which I currently have. My clearance was not suspended nor was it revoked. However, my access was "suspended" due to the incident report. Nonetheless, HR folks assured me prior to my departure that my clearance was good to go (yea, you have heard that one before, eeh?)

So, I am wondering the impact of the new investigation(s) on the incident report. Really, I would like the incident report to be mitigated/closed as this unresolved incident report a bigger "annoyance" than I thought. So, can anyone advise me on that?

I should mention that my previous agency concluded an investigation of the incident. However, they did not close the incident in the system (I suspect it was due to bureaucracy).


#2

This isn't really an answer but I thought I'd add it to the conversation: we had a guy here who had a regular DoD Secret and was put in for SCI access through one of the IC agencies. Well, for whatever reason, he got turned down. He kept the Secret though. A couple years later he left to go to another company requiring a clearance.

When the new employer tried to pick up his clearance, that denial from the IC agency popped up as an adverse action and he had to be reinvestigated all over again. I think he is still waiting.

He said security told him he was good to go when he left here, but now they are changing their story, saying he didn't say the magic word (or whatever they now say he should have done).

We have a couple of other people here who had a similar experience, but they still work here and still have their Secret clearance. I guess the problem came up when he tried to move to a new company.

Not sure if this is the same thing, if his "adverse action" is the same as your "unresolved incident" but I thought I'd toss it out there.


#3

Thanks for replying...

I didn't know that you could have SCI access with just Secret clearance. I thought you had to have Top Secret clearance in order to be granted SCI access. Nonetheless, I can only imagine how this guy must be feeling when he found out about this "adverse action". I think it is the same as incident report unless his "adverse action" is showed in a personnel document (SF- 50). Nonetheless... I am sure he was peeved.

Admittedly, I was peeved, but I learned that HR folks and possibly FSO's do not truly know what are the processes with unresolved incident report. DoD CAF has been much more transparent as of late, I think they can do better job of training those folks in this particular arena.

Anyway, unresolved incident report is like a Catch-22 for sponsoring agencies/employers. Either to have it unresolved or go through new investigation. If there is a new investigation, then the incident report will not be closed per se. If wait for the incident report to close, there is no telling how long it will take... something to that effect.

This really does open up for abuse given the lack of transparency.


#4

I think you're right, he probably would have gotten the TS as well.


#5

I decided to add narration of what happened, which led to the initial posting. As you read, bear in mind that I am Deaf.

BLUF: Last year, I was arrested and charged with Public Intoxication, a class 4 misdemeanor (lowest). I was arrested at my workplace and was placed in administrative leave. Eventually, my employment with IC agency was terminated. Nonetheless, the charge was eventually dismissed as the local prosecutor decided not to go forward with the charge (nolle prosequi).

What happened? Late one night, I came across unknown woman. She appeared to be under influence of something (drugs, alcohol, etc.), but she didn’t seem threatening. I offered to assist her by driving her to my workplace to get some help. I was new to the area, and I didn’t know locations of police station, hospitals, etc. However, my workplace was nearby hence the decision.

Upon arriving, I identified myself at front gate and explained that the I didn’t know the woman. I followed the instruction from security officers to the letter. In meanwhile, I voluntarily disclosed to the security officers that I consumed alcoholic beverages that night. They were less interested in that, but more interested in where I met or saw the woman. (I communicated by writing, gesturing, speaking—I do not speak fluently, but well enough.)

Afterwards, the local police and ambulance came. EMT folks attended to the woman. So, I thought it would over soon, but I was wrong. Immediately, local police placed a cuff on me. I was flummoxed. I began to fear the worst… did the woman accuse me of something that I didn’t do.

The police began to question me, but I declined to answer their repeated questions. Instead, I asked for an American Sign Language interpreter to facilitate the conversation. When a ranking officer said, no to my request. I told them about Americans with Disabilities Act, which said I was entitled to reasonable accommodations. Nonetheless, I was arrested, jailed, and charged.

Eventually, I learned from an investigator (the IC agency investigated the incident) that I was arrested because the police perceived me to be “belligerent”. Additionally, I learned that the woman was a known prostitution with a violent record. I did not know that when I made decision to seek assistance.

The agency completed its security investigation, but the human resources director terminated my employment because I was a probationary employee. My then-boss later told me that my office vouchered for me and the security office concluded that this was a case of a huge misunderstanding/miscommunication. There was no security breach.

Certainly, I made numerous mistakes that night. I learned my lessons and wished things were handled better on my part.

My question: How will this impact my clearance? Am I going to lose my clearance?

Side note: I have clean record.. no arrest prior to this one… no delinquent debts… no foreign influences/travels… no drugs history… no alcohol history prior to this one… a one or two minor traffic violations…


#6

I’m hoping someone will comment…

No new updates at this point… this experience has been extremely frustrating as I don’t get why this process (adjudicating unresolved incident report) is taking so long. Like many, I was under presumption that it will be a quick one since I hold A security clearance and I’m currently a DoD employee (2 months now) with Agency A.

I wonder if CAF isn’t going to close the IR until an open investigation completed by Agency B, but Agency B is also waiting for the IR to close… this is maddening and frustrating…

Have anyone had similar experience with unresolved incident report?


#7

Update: my security clearance investigation was favorably adjudicated. I will probably start working for IC agency (Agency B) next month or so as a government employee. My clearance eligibility was never suspended or revoked; however, SCI access was suspended in June 2016. There was an unresolved incident report entered July 2016 and it wasn’t closed until this month. So, this has taken me approximately 2 years to have my eligibility “restored”.

This had been a difficult journey. As mentioned above, I was terminated during probationary period with one IC agency (Agency A). Subsequently, I landed a government position with a DoD agency. I was, again, terminated during probationary period for lying on a Declaration of Federal Employment form. Specifically, question no. 12. I thought “fired” and “terminated” did not mean the same thing in accordance with Office of Personnel Management. The DoD agency was able to find out about it because I was forthcoming about it. I actually told at least three managers, including a security manager about it… still I was terminated. I suspected that it was a discrimination case, which I filed a complaint.

During the process, I took another job which paid me about 30% less, and I also became uber driver to meet ends.

Lesson Learned: During this ordeal, I learned that you ought to 1) be your own and best advocate; 2) ask questions; 3) be honest and thorough; and 4) never compromise or doubt your personal integrity. Admittedly, I did doubt my integrity after the second termination, but I am glad this ordeal is over.