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Troll,
The policy you referred to in DoDI 5210.91 is on page 11, paragraph g. It also goes on to say, "except as provided in sections 6 and 7 of Enclosure 4," which is on page 22.
Section 6 addresses personnel who refuse to take or complete a polygraph examination and are in positions designated as requiring a PSS polygraph examination as part of determining initial eligibility for access, assignment, or detail. In other words, if they refuse to comply, they "may be denied access, assignment, or detail."
Section 7 deals with DoD-affiliated personnel who are unable to resolve all relevant questions. This is what happened to me. According to the regulation, "if, after reviewing the examination results, the requesting agency determines that they raise a significant question relevant to the individual’s eligibility for a security clearance or continued access, the individual shall be given an opportunity to undergo additional examination." It goes on to say that they may initiate a Counter-Intelligence Investigation – which in my case they did – twice. Additionally, it says that the Head of the relevant DoD Component may temporarily suspend and individual’s access to controlled information and deny the individual assignment or detail that is contingent on such access, based upon a written finding that, considering the results of the examination and the extreme sensitivity of the classified information involved, access under the circumstances poses an unacceptable risk to the national security. Such temporary suspension of access may not form the part of any basis for an adverse administrative action or an adverse personnel action. There never was any written finding of any wrongdoing. Both investigations were summarily closed due to lack of any evidence of wrongdoing on my part.
As you've probably already read in my thread, I was interrogated with the polygraph FOUR times from March 2011 to June 2012. As I said before, I was never accused of any wrongdoing, nor was I ever accused of using countermeasures.
I have also spoken to many people in the IC, and no one has ever heard of anyone losing their access, employment, assignment, or detail based solely on their inability to "successfully complete" the polygraph. One close friend of mine has a coworker who's "failed" nine times!
So, in a sense, you are correct that once you’re in, you’re in. No one ever gets punished for failing the polygraph – at least that’s the way it’s supposed to happen. Apparently, they skirt the rules whenever they want to, and no one can, or will, do anything about it. My goal is to expose this type of abuse. I spent 34 years with a TS/SCI working in the Air Force Electronic Security Command, Air Intelligence Agency, US Central Command, US Special Operations Command, and Defense Intelligence Agency. I never had a single security related incident. Not one. If they can do it to me, they can do it to anyone.
Interestingly, during the investigation of my EEOC complaint, DIA provided a list of 12 DIA employees who had been subjected to unfavorable administrative actions solely as a result of their inability to successfully complete the PCA.
Then in discovery for my hearing, I asked for a complete list of DIA employees who had been subjected to unfavorable administrative actions as a result of not being able to successfully complete the PCA. Their answer? “No DIA employee has ever been subjected to adverse administrative actions solely as a result…” They changed the wording. Then they provided a list of 21 other employees who had been subjected to unfavorable administrative actions for seemingly not “passing” the PCA.
The bottom line is that the polygraph requirement is fraught with fraud, abuse, and corruption. If you can’t be punished for “failing” it, why do they make tens of thousands of employees submit to it every year?
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How Did CIA Officer and Serial Sexual Abuser Brian Jeffrey Raymond Get Away With His Crimes for So Long? (Read 4677 times)
