SECURITY CLEARANCE REBUTTAL FROM AN INITIAL UNFAVORABLE DETERMINATION

Security Clearance Revocation Case Study #1

Matter: Security Clearance Rebuttal from an Initial Unfavorable Determination

Service: Army Reserve

Summary: NCO client, an extremely capable Soldier in a Civil Affairs unit had gone into debt and experienced some financial setbacks more than six years ago. As his unit started gearing up for mobilization, he went through the process to secure a security clearance. He was completely forthright with the examiners, but the adjudicators became concerned with the amount and nature of his debt, and with the fact that he had filed for bankruptcy protection several years back. The Letter of Instruction from CCF gave notice that our client was being denied a security clearance for concerns regarding debt and a history of failing to meet financial obligations. Without a security clearance, the client could not deploy and would be in jeopardy of losing the career he loved.

When he contacted our office, our extensive experience in the area of administrative and regulatory law kicked in. We found out that even though the client’s financial situation was certainly not what he wanted it to be, he had been making regular payments over an extended period of time to clear up his circumstances. Additionally, we learned that he had a good job, that he was stable and consistent in that job and that, perhaps most importantly, he had the support and backing of his chain of command. We also learned from several in –depth interviews, that our client’s bankruptcy was due more to circumstances beyond his immediate control, than it was the result of any knowing and intentional financial irresponsibility on his part. We were able to combine and leverage all these factors, plus several other mitigating circumstances from the regulation, to fashion a winning brief in rebuttal.

Result: CCF’s adjudication division reversed its initial determination and granted client his secret clearance. He is good to go. He will be able to mobilize and deploy with his unit, and he should be able to finish out his twenty year active and reserve career without further difficulty.

Highlights: Being able to use our extensive experience defending Security Clearance denials to help an outstanding NCO make it through a potentially career ending administrative action.

References: Our client and his chain of command. Please call our offices at 214 363-1828 for further information and contact numbers.

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