In a not so frequent ruling by the Defense Office of Hearing and Appeals, the board overturned a favorable security clearance eligibility decision by the judge that had heard the initial appeal. The main issues in this particular case fall under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), Guideline J (Criminal Conduct), and Guideline H (Drug Involvement).
Lately I have ran across numerous situations involving the illegal recording of private conversations and thought I would highlight the legalities and pitfalls involved. With the mass availability of devices (cell phones, mini-recorders, laptops, watches, i-pads) that can surreptitiously record telephone and face to face conversations there is now an increased temptation by many individuals to do so. However, without researching the legalities of such actions, this could result in being criminally prosecuted for a felony offense or having a civil lawsuit filed against you. It would behoove you to be familiar with Federal and state wiretapping laws before engaging in any such activity.
The DoD Consolidated Adjudication Facility (CAF) unveiled a brand new website in May that is surprisingly forthcoming in providing information about adjudications, appeals, security clearance announcements/news, and even DoD CAF job openings. This is quite a refreshing change to what in the past has always seemed to be a shadow organization in the security clearance process where answers to a lot of questions went unanswered or were hard to come by without knowing someone on the inside. The site also lists the key leaders of the organization, and truth be told, I did not recognize any of the names prior to seeing them on the site. Here are some highlights that I gleaned from visiting the different pages:
Lately there has been a lot of discussion and questions on the site regarding polygraphs and in response I have put together this general information. Keep in mind that each agency has its own criteria and policies regarding the use of polygraphs and acceptable results.
NDI = A ‘passed’ polygraph
In the security clearance arena polygraphs are used to help determine an individual’s eligibility for a special assignment or access to specifically designated information protected within SAPs. The most desirable polygraph result would be something called NDI or “No Deception Indicated.” NDI means you passed. You can also “pass” the polygraph if you fall within an acceptable range of the NDI threshold. If you do not fall within the acceptable NDI parameter range of an agency or department’s polygraph program, your application process is terminated.