Appealing a Denial or Revocation of a Clearance
An individual whose security clearance has been denied or revoked by the Department of Defense (DoD) Consolidated Adjudications Facility (CAF) or an adjudication facility has the opportunity to appeal the decision. The process for doing so differs between military and civilian personnel and contractors. Executive Order 12968, "Access to Classified Information," prescribes the process for military and civilian personnel. Executive Order 10865, "Safeguarding Classified Information Within Industry," outlines the process for contractors. In each case, speaking with your agency’s or company’s security office is the way to find out what specific processes apply to you.
For contractor personnel, the denial, revocation and appeal process is the responsibility of the Defense Office of Hearings and Appeals (DOHA). The individual may request a hearing before a DOHA administrative judge in order to provide additional, relevant information and will have the opportunity to cross-examine witnesses. Upon completion of the hearing, the administrative judge will render a decision. If the decision is to deny or revoke the security clearance, the individual has the opportunity to appeal the decision to the Appeal Board. The Appeal Board will review the case file and render its decision. This decision is final and concludes the appeal process.
At the conclusion of the appeal process, an individual whose security clearance has been denied or revoked may not reapply for a security clearance for one year from the date of the final decision. The individual may reapply for a security clearance through his or her employing activity if there is a need for access to classified information. The individual is responsible for providing documentation that the circumstances or conditions which resulted in the denial or revocation have been rectified or sufficiently mitigated to warrant reconsideration. The Department of Defense (DoD) Consolidated Adjudications Facility (CAF) or an adjudication facility may accept or reject the reapplication.
Appealing Non-Clearance Adjudications/Decisions
In addition to national security determinations, applicants and personnel may be subject to credentialing and/or suitability or fitness determinations. The policy and regulations under which these determinations are made varies by position type as do the procedures that are followed in the event of an unfavorable decision. If an appeal process is available, notification of the process and the requirements for appealing will be provided by the adjudicating agency. Questions about which process applies or how the process works should be directed to your agency.
For example, for positions in the competitive service, positions in the excepted service that non-competitively convert to the competitive service, or career appointments to the Senior Executive Service, when a suitability action is taken in accordance with title 5, Code of Federal Regulations part 731, the individual can appeal the decision to the Merit Systems Protection Board. The adjudicating agency will provide written notice of the decision and include the requirements for filing an appeal.