Denied Secret Security Clearance

[FF_32]

What is the name of your state? Texas

Enlisted in the Army 2002. Feb 05 accepted into the Officer Candidate School. Filled out the Security Questionaire Nov 04 and started the process for aquiring a Secret Clearance. Commissioned without a final clearance. Now deployed and find out the Security Clearance was denied but do not know why. If it was denied because of derogatory info I know what it is. I never had an interview and was never notified of a denial so I could appeal. Now I do not know what to do because I can not be a commissioned officer without a clearance. Do I have due process rights that were violated or am I at fault for failing to disclose info? I don't want to push the matter yet without knowing why it was denied. This will eventually have to be answered because I can not be promoted without a final clearance. What are my options? Could I potentially be looking at a dismissal?

[questionia]

You won't be a commissioned officer for very long if you don't appeal. Worse case you are dismissed for failing to advance.

First, you should have been provided with a Letter of Intent (LOI) to deny your security clearance. This letter spells out exactly what it is that caused the denial. You do have appeal rights but they are on a timeline - this may vary because you are deployed. Typically you have 10 days to respond to the LOI - I'm guessing that's where you stand now. The response form is actually included with the LOI. You may also ask for the specific information which was used to make the determination.

Typically, clearances are denied for alchol/drug use, financial reasons, criminal behavior, foreign influence, etc. You must have an inkling of what caused the denial. Your CO must provide a statement saying he/she believes you should have a clearance.

After you respond to theLOI you have 60 days to provide a statement of reasons (SOR) response to the Army adjudication facility - you write the SOR (JAG may help you if they feel like it) and move it up through your chain of command and the folks who handle clearances for your unit.

In turn, the adjudication facility must act within 60 days of receipt of your response. If they decide in your favor you receive your clearance and you are good to go. If not, you have another avenue of approach - a personal appearance in front of an administrative court judge.

In your SOR you should include pertinent facts regarding the issues - if it's criminal you may need dates, paperwork, etc. If it's financial you may need receipts, credit reports, letters from creditors, etc. You may also include letters of reference from first line leaders or, if possible, senior officers willing to vouch for your character and abilities. You should also reference any awards that prove your value - CIB, CAB, PT Badge, even down to class standing in OCS. All those things add up.

If you have any more questions feel free to ask. I've gone through the process. It ain't easy. First thing - get the LOI, find out what's behind it, and get moving on your appeal. Good luck.

[FF_32]

Thank you for your reply. I am currently deployed so responding has taken me awhile. Actually, I never received a LOI. I think what happend was I was overseas when I applied for the clearance. I PCS'd to OCS, then attended my OBC. Then I took a year off to complete my degree. I deployed a month after arriving at my new duty station. So somewhere, if a LOI was issued, never made it to me. This gives me a right to appeal late since I never got the chance in the beginning right? Anyway, I believe it is for financial reasons that a denial was issued. A collection and charge-off from 2001. I dont know what else it could be. In any case, I obviously cant appeal this thing while deployed. I applied in Nov 2004 and now it is Nov 2007 so can I reapply or is there only one investigation? Also, I never had an interview which could have cleared up any discrepencies from the begining.

[cyberspook]

Originally Posted by FF_32

Thank you for your reply. I am currently deployed so responding has taken me awhile. Actually, I never received a LOI. I think what happend was I was overseas when I applied for the clearance. I PCS'd to OCS, then attended my OBC. Then I took a year off to complete my degree. I deployed a month after arriving at my new duty station. So somewhere, if a LOI was issued, never made it to me. This gives me a right to appeal late since I never got the chance in the beginning right? Anyway, I believe it is for financial reasons that a denial was issued. A collection and charge-off from 2001. I dont know what else it could be. In any case, I obviously cant appeal this thing while deployed. I applied in Nov 2004 and now it is Nov 2007 so can I reapply or is there only one investigation? Also, I never had an interview which could have cleared up any discrepencies from the begining.

If this helps any:

That negative credit report is going to be removed in less than a year due to statute of limitations.

Might want to post that problem on the collections forum.

[questionia]

I would get with your JAG ASAP - your carreer is in the balance really. They don't have to help you but I think they might be very useful in this case. They might be able to help you navigate the ins and outs of this process and also help you formulate an appeal.

Also, you should speak with your G2/S2 as soon as you can to find out where you stand. They will have access to the JPAS system and they too can probably help you navigate this maze. Deployed or not this is something you have to get taken care of. Actually, it's crazy you got this far without a minimum Secret clearance - you need that even for deployment.

Not to second guess cyber spook but I'm not so sure about that 1 year statute. I fell on a TS Clearance that brought financial stuff back from more than a decade ago.

[cyberspook]

Originally Posted by questionia

I would get with your JAG ASAP - your carreer is in the balance really. They don't have to help you but I think they might be very useful in this case. They might be able to help you navigate the ins and outs of this process and also help you formulate an appeal.

Also, you should speak with your G2/S2 as soon as you can to find out where you stand. They will have access to the JPAS system and they too can probably help you navigate this maze. Deployed or not this is something you have to get taken care of. Actually, it's crazy you got this far without a minimum Secret clearance - you need that even for deployment.

Not to second guess cyber spook but I'm not so sure about that 1 year statute. I fell on a TS Clearance that brought financial stuff back from more than a decade ago.

It's not a one year statute. I am almost positive it is a 7 year Statute of Limitations. The OP said the charge off was from 2001. It should come off his credit report in 2008.

I am not really up on credit law, but I do know the OP can also dispute the entry and it is possible to get the entry removed if he follows up on it.

[DRTDEVL]

Statute of Limitations has nothing to do with it... The answer falls under the Fair Credit Reporting Act.

§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

(c) Running of reporting period.

(1) In general. The 7-year period referred to in paragraphs (4) and (6)(2) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.