Along the same lines as another ClearanceJobs.com article recently posted, a decision was made in a recent Defense Office Hearing and Appeals (DOHA) to deny eligibility for a security clearance to a Department of Defense (DoD) contractor based on foreign influence and foreign preference concerns resulting from the applicant’s ties to Canada.
In a rather unusual and interesting Defense Office of Hearing and Appeals (DOHA) case, the Statement of Reasons (SOR) issued to the individual cited Guideline K (Handling Protected Information) and Guideline E (Personal Conduct) as the disqualifiers in denying the clearance.
Classified conference? Invite Only…
The particular circumstances of this case involved a government contractor who took it upon himself to attend a classified conference without submitting the required visit authorization letter, which was required so security personnel could verify his clearance. Subsequently, the individual took other actions to circumvent the clearance verification procedures in order to attend classified briefings even though his clearance had expired 5 months prior and he had not submitted an application for reinvestigation.
Once all of the investigative requirements for your background investigation have been completed it is sent to the DOD Central Adjudication Facility (CAF), if you work for a DOD component, or to the federal agency’s CAF that requested your investigation. For DOD personnel and contractors your case is assigned to a PSMO-I (first level) adjudicator who will review the Report of Investigation (ROI) and make a favorable decision if no issues of concern under the 13 adjudicative guidelines are present.
In a recent Merit Systems Protection Board (MSPB) case the original decision to remove a Department of the Navy employee due to his security clearance being revoked was upheld by the board. Specifically, the employee was removed for failure to maintain a top secret security clearance as a condition of employment. It has been well established by case history that the MSPB cannot look at the reasons for a security clearance denial, as that authority is reserved for the adjudicating agency. However, MSPB can consider and rule on whether the agencies administrative processes and procedures were followed in removing the employee and whether due process was given.