The security clearance adjudication process for civilian and military workers of the Department of Defense (DOD) is substantially different than the method utilized to determine security clearance eligibility for defense contractor employees. This article is developed to offer military and civilian people of the DOD an obvious comprehension of what to expect when an initial security clearance request is made on the behalf of theirs.
At the very start of the operation, the employee is asked to do an electronic security questionnaire famous as an e-QIP. The worker will look at questions on the e QIP very meticulously and answer truthfully. I have seen far too many situations where an individual is denied a clearance for the main reason they provided information which is false on their security clearance questionnaire. The unhappy simple fact would be that in these cases, the information these individuals had been trying to hide from the DOD wouldn’t have prevented them from getting a clearance.
After the e QIP is concluded, an investigation of the individual’s background, usually conducted by the office of Personnel Management (OPM), kicks off. Once the background investigation is done, the case file is routed to one of several Central Adjudication Facilities (CAFs). The vast majority of cases are controlled with the following CAFs: DON CAF (Navy); USA CCF (Army); AFCAF (Air Force); WHS CAF (Washington Headquarters Services).
If no derogatory or perhaps disqualifying information is created during the investigation, the CAF will find the private eligible for a security clearance, so the processing of the case ends. If potentially disqualifying info does develop, an adjudicator is going to review the event. If, after taking a look at all of the information and the adjudicative guidelines, the adjudicator struggles to grant the security clearance request, the CAF will direct anyone a Letter of Intent to Deny Eligibility for Security Clearance (LOI). Attached to the LOI will be a Statement of Reasons (SOR). The SOR will detail the reasons why the CAF couldn’t grant the security clearance request. In order to continue the processing of the case, and also to avoid an immediate denial, the individual must file a remedy to the SOR within time specified by the CAF. At this point anyone will be advised that he or maybe she can request their investigative file. Everyone should ask for it as it might be useful later on in the process.
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Once a prompt solution to the SOR is sent in, an adjudicator at the CAF is going to review it and decide whether the info provided was adequate to triumph over the CAF’s initial concerns. If the adjudicator establishes that the info was enough, subsequently someone is deemed qualified for a security clearance, therefore the procedure is deemed complete. If the adjudicator can help determine that the info provided was not adequate to overcome their issues, the CAF will transmit the person a Letter of Denial (LOD), that’ll explain precisely why the CAF remains not able to grant the security clearance request. Together with the LOD, anyone will be advised that they can appeal the CAF’s selection which is ultimate in a single of 2 ways. To begin with, the person is able to appeal in writing directly to the DOD Component Personnel Security Appeal Board (PSAB). Second, the person can request your own Appearance (PA) before an Administrative Judge (AJ) with the Defense Office of Appeals and hearings (DOHA). At the PA, the person is going to be granted the chance to testify, provide written research that supports their instance, call witnesses, and lastly, to attempt to persuade the AJ that their request for a security clearance needs to be given. Although the Government has the right to be represented by a legal professional at the PA, they almost never work out the right. Actually, in most cases the person will be questioned directly by the AJ. Following the PA, the AJ creates a recommended decision that’s forwarded to the DOD Component PSAB. The PSAB will think about the AJ’s recommended choice, and next create the last choice. The process is finished by this final decision.
Although in the end the PSAB tends to make the final call regardless of the form of appeal requested, in my opinion, the great majority of people are better off requesting a PA. A persuasive recommended choice in the employee’s favor by a DOHA AJ can go a long way toward convincing the PSAB that the CAF was wrong and that a security clearance must be granted.