Law enforcement agencies are notoriously more harsh on suitability requirements. Let’s take a look at a suitability denial with the Bureau of Alcohol Tobacco and Firearms from the ClearanceJobsBlog:
ATF has extremely strict drug suitability requirements that I did not meet, and since it was my company’s first contract with them, we didn’t have a relationship with the security office to be warned of this denial. So, the suitability was denied even though I have met the DoD TS requirements. Does this mean my DoD TS is revoked? Do I have to wait 1 year before applying for any other suitability determination (other DOJ components that have less strict rule/other agencies) or can I apply sooner as long as it’s not ATF?
Again, I just didn’t meet ATF’s specific requirements but it wasn’t due to my dishonesty or any new concerning factors, just that ATF specifically has a stricter drug policy than DoD TS.
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
There is a big difference between being denied a security clearance and an agency denying you suitability.
Suitability denial is not the same as a clearance revocation. If your security clearance is denied/revoked, an applicant will receive a Statement of Reasons (SOR). In this security clearance case, it sounds like the Department of Defense (DoD) knew about the drug use from applying for the original security clearance, so as long DoD knew, this candidate shouldn’t have their TS revoked.
There is good news: because their security clearance wasn’t officially denied, there is nothing to prevent them from immediately applying to other security clearance positions. However, it’s important to understand why you were denied suitability before you start throwing out applications.
Suitability denial usually means you are not able to re-apply to the same agency for a certain timeframe. The one year rule should only apply to ATF and not necessarily to all Department of Justice (DOJ) positions.
Much about the clearance process resembles the Pirate’s Code: “more what you’d call guidelines than actual rules.” This case-by-case system is meant to consider the whole person, increase process security, and allow the lowest-risk/highest-need candidates to complete the process. This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation.Â
