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Interim revoked after 22 months

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betanu961 View Drop Down
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Post Options Post Options   Quote betanu961 Quote  Post ReplyReply Direct Link To This Post Topic: Interim revoked after 22 months
    Posted: 26 Jul 2010 at 7:42am
I began working for my company in September 2008 and getting an interim was contingent on working.  Last week I had this interim clearance revoked pending the outcome of my case in DOHA.  It was sent there due to financial issues.  My FSO says DISCO revoked the interim since DOHA needed more info regarding my case for the final clearance.  I have sent DOHA the information they need but since the interim clearance is gone I am at risk (great risk) of losing my job, one I've had for almost 2 years.  

I had fallen behind on my mortgage and subsequently foreclosed and they knew this ever since my e-QIP form.  I had also sent them information about it in March of this year.  The adjudicator said my credit report now indicates this comment, "CONSUMER SAYS ACCT. IS RESPONSIBILITY OF SEPARATED OR DIVORCED SPOUSE FORECLOSURE PROCESS STARTED".

That is absolutely ludicrous since I've never been married, signed the mortgage by myself and lived alone.  Furthermore, I have never contacted Equifax about my credit report to make these comments.  Also, it did not state this on the March credit report I sent them.  I have disputed this with Equifax after pulling my credit report but of course it will take 45 days to resolve.  Equifax is the only credit bureau which states this erroneous information.  I sent the adjudicator my old mortgage papers and the deed of trust from when I originally signed them back in 2006.  These illustrate I am the only one who is responsible.  My other credit is perfectly fine, no blemishes whatsoever.

I talked to the adjudicator at DOHA again today but she cannot give me any information that is worthwhile.  Is there any way to get my interim back until DOHA has completed their investigation?  Nothing in my life has changed since giving them the original information.  This makes no sense to me.  My FSO stated this has happened to four other employees the same week it happened to me.  They all had to be let go.

Thanks in advance.
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jhennessey View Drop Down
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Post Options Post Options   Quote jhennessey Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jul 2010 at 10:57am
Dear betanu961,
 
DISCO most likely sent the case to DOHA because of your issues.
 
DISCO can grant or continue a clearance, but can't revoke one. That is why they sent it up to DOHA, for them (DOHA) to make that call (to revoke or grant, etc.).
 
Your company is the one mandating that employees obtain an Interim, not the Govt.
 
I always suggest to all clearance applicants to obtain copies (all 3) of their credit reports, prior to submitting their security forms (SF-85, SF-85P, SF-86).
 
Most of times this credit reports are full of inaccurate, incomplete, out-dated, etc., and just plain wrong information.
 
But it is up to the applicant, as most things in life are, to take care of it themselves (be proactive).
 

Many folks are denied an Interim (an Interim is sort of a temporary clearance).

 

Usually (remember usually) an Interim for a Secret level clearance is based on a look-see (a review) of the completed & submitted SF-86, that has been submitted for a NACLC (National Agency Check, Law and Credit).

 

An Interim Secret-level can only be granted when there are no potentially disqualifying conditions (obvious in that SF-86) or when an existing disqualifying condition is clearly & fully mitigated (explained) by information contained in the SF-86.

 

That is why I urge folks to make full use of the Comments Sections in e-Quip to (rightly + in great detail) explain any listed issues. 

 

If one doesn't, the clearance applicant is just assuring themselves that Interim denial, which may be avoided.

 

Sometimes, in explaining a listed issue(s), it is best to provide more than asked, other times it is best only to answer what is asked.

 

Without an Interim, that person should not be handling any classified information.

 

Every (cleared) person knows the”do's + don'ts" of their holding a clearance (when they have been granted a clearance, their security folks complete a "Read-ON" (or briefing) to them.

 

One of those is the requirements (of a clearance holder) is to report any security violations, infractions and so on to their FSO or to DSS (if they don't trust their own security folks).

 

When a person is denied an Interim, they have no appeal rights to contest that decision.

 

No one is going to tell them why they didn't receive an Interim.

 

They can only appeal a denial of a Final clearance.

 

Many (if not most folks) who are denied an Interim do (eventually) get the Final clearance (most important).

I wish most companies (like yours) would understand this.

 

Some clearance information:

-folks can be granted an Interim, but be denied a Final.

-folks can be granted an Interim, and be granted a Final.

-folks can be denied an Interim, and be granted the Final.

-folks can be denied an Interim, and be denied a Final.

 

Jim Hennessey
Rockville, MD
Federal Background Investigator (Ret.)
Security Clearance Consultant
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LGranite View Drop Down
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Post Options Post Options   Quote LGranite Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jul 2010 at 3:05pm
I had my interim secret revoked last week over one year after beginning my job.  I called DOHA and they said they had revoked all interim clearances for cases sent to DOHA.  No reason specific to my case was given and I was told these were blanket denials.  Do we have any rights at all here or do we have to wait until an actual decision is made on our particular case.  Thanks.
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jhennessey View Drop Down
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Post Options Post Options   Quote jhennessey Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jul 2010 at 4:00pm
Dear LGranite,
 
Interim clearances can not be appealed because they have not been adjudicated.
 
For Secret level Interims, a review of the completed, submittted SF-86 is conducted for a Interim decision.
 
A reason for the Interim denial is not given, but the reason can be assumed, based on any listed issue(s) in the SF-86. Especially if that issue(s) had not been fully explianed in detail (mitigated) properly.  When this happens (adaquately explaining the issue) the security folks making the call on that Interim have no choice but to deny that Interim. 
 
Then the case is worked by the field, Investigators go out & do their work, including (usually) contacting the applicant (who didn't fully explain the issues), getting their side of the story, then resolving any issue, tying up loose ends, forward their investigative finding back for a "Final" determination (adjudication).
 
There is a reason why some folks DO get an Interim, even with listed issues.
 
They take the proper time to explore, research, ask and then address these matters, including them with the completed, submitted SF-86 (Comments Sections) and usually get that Interim.
 
A Final clearance that is denied can be appeal, and when a Final clearance is denied, they will include a SOR (Statement of Reasons) as to why it was denied and instructions on how to appeal.
 
DOHA doesn't revoke all Interim clearances sent there.
 
In fact only a very small percentage of cases forwarded to DOHA get a Final denial.
 
Most folks who get denied a Interim will get a Final granted.
Jim Hennessey
Rockville, MD
Federal Background Investigator (Ret.)
Security Clearance Consultant
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Inquiring Mind View Drop Down
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Post Options Post Options   Quote Inquiring Mind Quote  Post ReplyReply Direct Link To This Post Posted: 28 Jul 2010 at 9:29pm
Sir I have a question. I was granted an Interim clearance almost a year ago, I have since deployed overseas with my job (I was previously in the military and held Secret clearance just a few years before this). Since that time my investigation was completed.  As far as I know no issues arose during my investigation, no questions were asked by my investigator or by DISCO. Unknown to me the investigation was only recently forwarded to DOHA. I just found out my Interim status has been revoked until the processed is finished with DOHA. This resulted in my company immediately letting me go because of my non-cleared status.

Is there anyway I can follow up to find out how long this process will take? Will I have to go through the entire investigation process again, or will they be able to process my clearance request using my same investigation? Would I be able to apply for a new job and be able to obtain and Interim clearance with them? 

I am totally at a loss right now, I just lost my job..and it sounds like I am stuck in limbo until this process is complete. What ever insight and advice you can provide would be greatly appreciated.

Thank you so much in advance!
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Post Options Post Options   Quote jhennessey Quote  Post ReplyReply Direct Link To This Post Posted: 30 Jul 2010 at 11:41am
Dear Inquiring Mind,
 
please correct (if need-be) what I am reading from you.
 
You were granted an Interim (Secret level), almost a year ago.
 
Your background investigation (bi) was completed you state.
 
A Final Secret was never adjudicated by DISCO, who forwarded it to DOHA for adjudication.
 
DISCO can grant, they cannot deny.
 
That is why they forwarded to DOHA to make that call.
 
The investigation was only recently forwarded to DOHA. I do not understand what this sentence means (The investigation was only recently forwarded to DOHA) ? 
 
You found out recently that your Interim status was revoked. Was it revoked because of issues or becasue you are no longer affiliated with the sponsor (Govt contractor).
 
This resulted in your company immediately letting you go.
 
I will try to answer you questions as best as I read (understand) them, as I really don't like to assume anything in this business.
 
Is there anyway I can follow up to find out how long this process will take? Not that I know of.
 
Will I have to go through the entire investigation process again, or will they (who is they ?, you no longer have a company, a sponsor for your clearance, you said they let you go) be able to process my clearance request using my same investigation (there will be a record of your investigation in JPAS)? Would I be able to apply for a new job (anyone can apply for a new job, I do not understand this question) and be able to obtain and Interim clearance with them (I don't know if you will be able to obtain an Interim with them)? 

I am totally at a loss right now, I just lost my job..and it sounds like I am stuck in limbo until this process is complete. What ever insight and advice you
 
For what you have stated here you are no longer employed by that company (a Govt contractor I am guessing, which I don't like to guess).
 
They (let you go).
 
They were the requester of this clearance.
 
Under Govt agreement, the requester (contractor) is mandated to inform the Govt that the request for this applicant's clearance is withdrawn, because he/she is no longer an employee.
 
The Govt cannot run background investigations (bi) on non-Govt affliated people (it's illegal) with-out a reason (such as an authorized security clearance request).
 
Some general information:
 
A security clearance remains in force until the individual granted that clearance leaves the position for which the clearance was needed.

 

If they remain with the same employer in a position that doesn’t require a clearance, their clearance is administratively downgraded or withdrawn. In this case, the clearance can be administratively upgraded or reinstated provided the underlying investigation is not out of date.

 

If they terminate their employment, their clearance is terminated.

 

If they are again hired into a position that requires the same or lower level clearance, the clearance can be reinstated provided two years have not elapsed since the clearance was terminated and the underlying investigation is not out of date.

 

When a person has a break in service (i.e., terminated employment where they held a security clearance and subsequently hired for a job that requires a clearance), there are time limits during which a clearance can be reinstated without an investigation.

 

Any break in service of 24 months or more requires a new initial investigation regardless of the date of the last investigation. If there is a break in service of less than 24 months and the time since the last investigation is not greater than the interval specified for the periodic reinvestigation, the clearance can be reinstated without an investigation.

 

When hired for a position requiring a clearance of a lower level than previously held, the interval for the lower level applies.

 

Under certain circumstances a person with a break in service of less than 24 months whose prior investigation for a Top Secret or Q clearance occurred more than 5 years ago, may only have to have a SSBI-PR.

 

 In any even the Applicant may be required to submit a new SF-86, even if a new reinvestigation is not required.    

 

 

Jim Hennessey
Rockville, MD
Federal Background Investigator (Ret.)
Security Clearance Consultant
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