Revoked clearance...

[pinerop]

What is the name of your state (only U.S. law)? VA

I had a TS/SCI clearance since 1996 when I enlisted in the US Army. I have used it in every duty assignment since and even when I got out the military in 2001. In Oct of 2002, I was pulled over in a mall parking lot and searched by mall police. The mall police said they believe they found residue of Marijuana and charged me with possesion. I was not under the influence and havent touch any illegal substances since trying it in High School. The Policemen agreed that I (or my passenger - who also holds a clearance) was not under the influence. I was only sommoned to report to court for the charges and released at the site of the search.

After hiring a lawyer a few weeks later, I made my security officer aware of the incident and filed a report. The courts found me not guilty because of illegal search. But never stated whether or not the Marijuana was legit. In Apr 2008, after working for my company for over 5 1/2 yrs, i was called to the security office and given the intent to revoke my clearance by the Department of the Navy. I again hired a lawyer to appeal the decision to revoke my clearance. Replied to the SOR and requested to appear in person for the hearing. I had both of my bosses (which were a Colonel in the Army and a GS-14) and my Security Officer (GS13) attend to vouch for my character along with many character references from other government workers. The Navy still denied my appeal.

The financial burden has left me broke. The decision stated I could reapply for a clearance after one year.

My question... is my career over? Does anyone every reapply (if a company would even hire me) and is granted a clearance?

Is there anything else I can do?

 

[Ronin]

As a practical matter you may be SOL on this issue. I have some understanding of this process since I have at one time held this same level of security clearance. As with any bureacracy if the right buttons are pushed by those who are high enough and are willing to go to bat for you then things can happen. While the Navy may not give a hoot for an Army Colonel's or G14's opinion, it would certainly blink if the recommendation came from a high ranking naval officer. However, unless your character witnesses were in the vehicle with you, their recommendations are irrelevant to the issue at hand.

It appears the Navy had good enough reason to believe that what was found in your vehicle was indeed marijuana residue, and there was nothing to contradict that except your word and your argument that technically it was not proven to be marijuana. Being found not guilty by reason of an illegal search does not give anyone the warm fuzzies you are innocent. Being found innocent by reason that an analysis of the substance proved it to not be marijuana would have been another story completely.

Sorry, but in my opinion the Navy made the right call on this. Anyone who is familiar with marijuana would be hard pressed to make a mistake saying something is marijuana residue when it is not. A TS/SCI clearance is a high level security clearance and it is often better to err on the side of safety if ones honesty and character are in any way questioned.

Your best bet may be to let this go for now without making a whole lot of waves and hopefully they will reconsider your application next year. Your company may just reassign you to another position that does not require the same clearance level if you are fortunate.

 

[pinerop]

thanks...

Thanks for the insight.