Q. I received a Statement of Reasons from my branch's Central Adjudication Facility with an intent to revoke my security clearance. What should I do?

A. Receiving a Statement of Reasons doesn't mean that you will automatically lose your security clearance and your military career is over. You could have a good chance of obtaining or retaining your clearance — and the high-paying position that requires such credentials — by appealing a denial or revocation decision. For example, the Department of the Navy's Personnel Security Appeals Board granted or reinstated 50 percent of the appeals on which it decided in 2011, according to a PSAB annual report.

Each branch of the armed forces has a Central Adjudication Facility that conducts investigations and initial suitability determinations. If an investigation turns up evidence of criminal, sexual or personal misconduct, financial problems, or other issues outlined in the National Adjudicative Guidelines, the CAF issues a Letter of Intent to deny or revoke a security clearance, along with a Statement of Reasons.

The service member then has a short time to prepare and submit a response to the Letter of Intent. This response should point out inaccuracies in the SOR or mitigating factors that show the issues of concern do not raise a valid threat to national security.

In 2011, 47 percent of the appeals denied by the Navy PSAB contained financial issues — the leading cause for denials. With financial issues, it's always important to identify inaccurate amounts listed in a Letter of Intent and to provide documentation showing the correct amount. It's also important to state how certain debts may have been the result of factors outside your control, such as the death of a loved one or a natural disaster, and how steps have been taken to resolve the issue, either by entering a repayment plan with creditors or filing for bankruptcy.

It's important to get an experienced security clearance representation attorney. A well-written response can save service members time — and money — in having to go through the multiple layers of the adjudication process, which can take a year or longer to play out.

If you can't convince the CAF to reverse course, your case will be referred to the Defense Office of Hearings and Appeals for a hearing before an administrative law judge. Remember, if you want to keep fighting for your security clearance (and likely your job), you have only a few days to file a Notice of Intent to Appeal to the PSAB, which makes the final decision on the appeal.

Even though a DOHA administrative judge can only make a recommendation to the PSAB, it's always best to request a personal appearance before a judge. An attorney can represent you before the administrative judge and give you the opportunity to effectively state your defense. With a personal appearance, an attorney can also address any questions the administrative judge may have.

Service members who have received an LOI and SOR should immediately contact a security clearance representation attorney. An attorney can prepare a response to the LOI and represent him or her before a DOHA administrative judge.

Mathew B. Tully is a veteran of the wars in Iraq and Afghanistan and founding partner of Tully Rinckey PLLC (www.fedattorney.com). Email questions to askthelawyer@militarytimes.com. The information in this column is not intended as legal advice.

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