I believe that I received a SOR because of erroneous information that was provided/processed during my background investigation process. Grossly erroneous. During my own investigation, to precisely respond to the SOR, I’ve found several items denoting negligence and mismanagement. Can I sue? I had to hire an attorney to help me fight the false SOR allegations. Would a letter to my Congressman help? When I raised the issues through my agency’s IG “hotline” and leadership, my concerns were noted, but am not fully supported. I would like accountability in the background investigation process. Is this possible?
The specific issues in the SOR are little complicated, but for those interested, please feel to read on. If this helps some understand the inherent gaps and seams in this process, then it is worth my time to write…
Basically, I believe I’m caught between some significant misunderstandings either caused by major mismanagement of my organization’s security, lack of attention to detail by the background investigator interviewer and/or adjudicator, and/or all of the above. It’s crazy that my entire career (28 years federal service) is in jeopardy, and nobody is on my side except for an attorney that I have to fund. I’m fighting to prove my innocence to government employees that are not motivated to seek the truth.
BACKGROUND: I committed two infractions within the past year, and two violations over 12 years ago. Which apparently was enough to generate the SOR. My attorney tells me it must be the last two infractions because the 12 yr old violations were mitigated/adjudicated during my previous background investigation that closed 7 years ago. It probably wasn’t even the infractions because they were minor; e.g. bringing a cell phone into classified area and failing to spin a cipher lock when closing the office for the day. What I can assume from the very “topical” information provided in the SOR is that there is a perception that I tried to hide/deceive those incidents during my interview. Specifically, that I didn’t report the incidents both at the time they occurred and during my background interview, and that I failed to acknowledge remedial training and counseling requirements as stipulated in the incident reports.
Here’s where it gets frustrating…
I never saw the security incident reports until two weeks ago. Good news is that they state that I self-reported the infractions, and I have reason to believe that the adjudicator was in possession of those incident reports, the bad news is that they also state retraining/counseling requirements which I never performed. The SOR insinuates DoD/CAF knowledge of that retraining/counseling requirements and states that I didn’t acknowledge those requirements during my interview.
During my interview process, the interviewer had very specific question for me about retraining/counseling, etc because of the infractions. I thought it was odd for such specific questions. I answered either that I didn’t perform any retraining and wasn’t counseled, or wasn’t aware of any requirement to do so. When I saw the year-old incident report a few weeks ago for the first time, I was surprised when I saw the language about remedial training/counseling. When I confronted my security office they stated it wasn’t in our agency policy to show the incident report to the employee. Needless to say, I was flabbergasted that a manager of my agency would state such a thing, but also take no ownership of the failure. He knows that I’m in the process of responding to the SOR, and I’ve informed him that this is a critical piece of information that is likely one of the reasons for my clearance revocation.