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Guys..... I think I may be in the same boat and really need some help and all the advice you can give me.
I already got my TS in the first 5mths. I took the first poly and then a second.....and then a third (!) just about a month ago - still waiting for the results on the third one. I don't see why I'm having to repeatedly take it. 2 times is the average. The third is my last chance and I'm not feeling good about it knowing whho I am and that I'm as squared away as the next guy who seems to fly throug this whole process.
You all don't know me from the next guy but i can tell you I'm squared away and have been completely upfront and honest day one. I lead a good, clean life. I only had one thing to report and was never convicted - stupid mistake over ten years ago and I reported truthfully on day one on the EPSQ. Smoked pot twice over 14 years ago and no other drug use. Finally, I was in the reserves and got an early out when the service was reducing their force - was told I'd get an honorable discharge but I was young and stupid and never followed up to make sure I finalized all the paper work. I reported on the form that I had an early out and an "honorable" discharge. Turns out, they say I got an other than honorable and missed 14 drills. Thing is I never lied. I know they can ONLY deny a clearace if I had an dishonorable!
I want to be sure I'm prepared to take this through the appeals process. I will get a lawyer if needed. Please, please help or advise me any way possible!!!
Got to get all my ducks in a row to roll with things on my end. Not getting this clearance will be a career altering event. Same career but not the same opportunities.
my email: fs1x0@yahoo.com
Thanks!!!!!!!
Posted by: George W. Maschke Posted on: Jan 7th, 2005 at 8:54am
I don't see how it could hurt to have a lawyer with you. If you don't yet have a lawyer, one partnership in D.C. that specializes in national security law that you may wish to contact is that of Roy Krieger and Mark Zaid:
Krieger & Zaid, P.C. 1747 Pennsylvania Avenue, N.W. Suite 300 Washington, DC 20006 (202) 454-2809
Have you obtained the record of your polygraph "test" under the Privacy Act? If not, that's something you'll want to do, and you'll want to request expedited handling of your request because of the closeness of your hearing date.
Also, if you haven't already done so, see Use of the Polygraph in Security Clearance Investigations ( Chapter 8 of Security Clearances and National Security Information: Law and Procedures written by Sheldon I. Cohen for the Defense Personnel Security Research Center, dated December 2000). The entire book may be downloaded as a 17.5 mb PDF file here.
Posted by: nunyun Posted on: Jan 7th, 2005 at 6:29am
I was recently denied a clearance based on "failing" the polygraph. I have appealed. Sometime in the next several months, I will be appearing before a "panel" of people for the appeal. I've thought about taking a lawyer with me. Any recommendations on that? I'm in the Washington D.C. area.