Federal employees and government contractors are often faced with addressing security concerns in the security clearance appeals process. Regardless of the security concerns at issue, we find that letters of support, attached to a Statement of Reasons (SOR) response are extremely helpful in avoiding the loss of a security clearance.
The Whole-Person Concept
Character letters come into play during a review of potential mitigating factors and the Whole-Person Concept. The Whole-Person Concept is very important in security clearance appeals. It is basically an analysis of the person that is under review and their character and background. This evaluation focuses on whether the individual, even with the stated security concerns, is an acceptable security risk.
This is where the concept of using character letters comes in. According to Security Executive Agent Directive 4 (June 2017) (SEAD 4), the Whole-Person Concept is best described as follows:
The adjudicative process is an examination of a sufficient period and a careful weighing of a number of variables of an individual’s life to make an affirmative determination that the individual is an acceptable security risk. This is known as the whole-person concept. All available reliable information about the person, past and present, favorable and unfavorable, should be considered in reaching a national security eligibility determination.
Clearance Adjudicators sometimes have the opportunity to personally meet applicants or clearance holders and sometimes they never meet them. If an adjudicator does not meet them, they need some sort of basis in which to judge the individual’s character. Character letters, affidavits or declarations can help in this regard.
What is a Character Letter?
A character letter is a letter usually drafted by a colleague, friend, family member, co-worker, community leader or just about anyone that one can think of that can describe the good character of the person undergoing the security clearance appeal process. Character letters can come in many forms, such as affidavits, declarations or just plain old letters of support. They should, at a minimum, be signed.
We have found that emails or unsigned letters tend not to be weighted too heavily in a review. The letter should be personally signed by the reference. The idea behind character letters is that a security clearance adjudicator does not know the person under review and could use a better idea about their character. A character letter helps them better understand the person that they are evaluating.
The more detail a character letter can provide about the person, the better. The more character letters that one can provide, the better. I find that it is helpful when an adjudicator is presented with numerous affidavits, declarations or letters confirming the good character of a clearance holder or applicant.
What Should be Provided in a Character Letter?
A character letter should have significant detail, if possible. Additionally, it is important that the letters not all sound the same or similar. The last thing that an adjudicator wants to see is several boilerplate letters that say the same thing or that say very little unique about the person under review.
A character letter should explain specifically how the individual knows the clearance applicant or holder, the period of time they have known them for, their observations of them and, if possible, why they feel that the individual is worthy of a clearance even in light of any security concerns. To the extent that each letter can tell a unique and positive recollection from the clearance holder’s background, the better.
I often find that character letters citing specific prior examples of observed integrity or good behavior are often very helpful. A good character letter can go a long way towards mitigating security concerns that have been raised. This is especially so if integrity or honesty is at issue. It also helps that the writer acknowledge the individual’s security concerns in the letter, if possible.
Common Types of Character Letters
While there are many types of individuals in one’s life that an employee can approach to write a character letter, the four below seem to be the most common:
- Letters from supervisors about good character at work;
- Letters from friends or family about how a person who has had a security concern has changed (why the security concern is no longer an issue);
- Letters from friends, co-workers or family which talk about the credibility of the clearance holder or applicant; and
- Letters from church or charitable organizations about the character or involvement of a clearance holder or applicant.
Final Thoughts
Character letters can help make a difference in security clearance cases, especially in those cases that are close. If you are in need of specific security clearance advice, you should contact legal counsel for further advice.
