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Security Clearance Process Guide

The steps of the two Department of Defense tracks, in order, with each time frame and the paragraph it comes from.

The Department of Defense runs two tracks when a security clearance may be denied or revoked: one for DoD contractor employees, under DoD Directive 5220.6, and one for DoD civilian employees and military members, under DoD Manual 5200.02. Choose a category to see that track's steps in order, each with the time frame the document states and the paragraph it comes from. Other federal agencies run their own procedures under Executive Order 12968, Access to Classified Information. This guide covers the DoD tracks only.

Showing the track for: DoD contractor employee.

DoD contractor employees: DoD Directive 5220.6

Enclosure 3 of DoD Directive 5220.6 sets out the procedure the Defense Office of Hearings and Appeals (DOHA) follows for contractor employees, from the Statement of Reasons through hearings and appeals.

DCSA states that its Security Review Proceedings (step 4 of the civilian and military track) apply to any contractor personnel whose eligibility for access to Sensitive Compartmented Information (SCI) is adjudicated by DCSA, and that cleared contractor personnel who are adjudicated for collateral access eligibility (Confidential, Secret, Top Secret) are not affected. (DCSA, Security Review Proceedings FAQ, question 3)

  1. Step 1. Statement of Reasons (SOR)

    After a case is referred to DOHA, DOHA decides whether to grant or continue the clearance, to issue a Statement of Reasons (SOR) as to why doing so is not clearly consistent with the national interest, or to take interim actions. A letter of instruction sent with the SOR explains that the applicant or Department Counsel may request a hearing.

    Time frame, as written

    • Upon referral, the DOHA shall make a prompt determination whether to grant or continue a security clearance (DoDD 5220.6, Encl. 3, E3.1.2)

    Source: DoDD 5220.6, Encl. 3, E3.1.2 and E3.1.3

  2. Step 2. Written answer to the SOR

    The applicant submits a detailed written answer under oath or affirmation that admits or denies each listed allegation; a general denial or other similar answer is insufficient. To be entitled to a hearing, the applicant specifically requests one in the answer.

    Time frame, as written

    • The answer must be received by the DOHA within 20 days from receipt of the SOR.
    • Requests for an extension of time to file an answer may be submitted to the Director, DOHA, or designee, who in turn may grant the extension only upon a showing of good cause.

    Source: DoDD 5220.6, Encl. 3, E3.1.4

  3. If no hearing is requested

    Step 3. Decision on the written record

    An Administrative Judge decides the case on the written record. Department Counsel provides the applicant with a copy of all relevant and material information that could be adduced at a hearing, and the applicant may submit a documentary response.

    Time frame, as written

    • If the applicant has not requested a hearing with his or her answer to the SOR and Department Counsel has not requested a hearing within 20 days of receipt of the applicant's answer, the case shall be assigned to the Administrative Judge for a clearance decision based on the written record.
    • The applicant shall have 30 days from receipt of the information in which to submit a documentary response setting forth objections, rebuttal, extenuation, mitigation, or explanation, as appropriate.

    Source: DoDD 5220.6, Encl. 3, E3.1.7

  4. If a hearing is requested

    Step 4. Hearing before an Administrative Judge

    If the applicant or Department Counsel requests a hearing, an Administrative Judge decides the case on the hearing record. The applicant appears in person, with or without counsel or a personal representative, at the time and place set in the notice of hearing, and a verbatim transcript is made of the hearing.

    Time frame, as written

    • The applicant shall have a reasonable amount of time to prepare his or her case. (DoDD 5220.6, Encl. 3, E3.1.8)
    • The applicant shall be notified at least 15 days in advance of the time and place of the hearing (DoDD 5220.6, Encl. 3, E3.1.8)

    Source: DoDD 5220.6, Encl. 3, E3.1.8 and E3.1.24

  5. Step 5. The Administrative Judge's written decision

    The Administrative Judge issues a written clearance decision setting forth findings of fact, policies, and conclusions as to the allegations in the SOR, and whether it is clearly consistent with the national interest to grant or continue a security clearance. The applicant and Department Counsel each receive a copy.

    Time frame, as written

    • The Administrative Judge shall make a written clearance decision in a timely manner

    Source: DoDD 5220.6, Encl. 3, E3.1.25

  6. Step 6. Notice of appeal to the Appeal Board

    The applicant or Department Counsel may appeal the Administrative Judge's clearance decision by filing a written notice of appeal with the Appeal Board. A notice of cross-appeal may also be filed.

    Time frame, as written

    • The applicant or Department Counsel may appeal the Administrative Judge's clearance decision by filing a written notice of appeal with the Appeal Board within 15 days after the date of the Administrative Judge's clearance decision.
    • A notice of appeal received after 15 days from the date of the clearance decision shall not be accepted by the Appeal Board, or designated Board Member, except for good cause.
    • A notice of cross-appeal may be filed with the Appeal Board within 10 days of receipt of the notice of appeal.

    Source: DoDD 5220.6, Encl. 3, E3.1.28

  7. Step 7. Appeal brief

    The appeal brief states the specific issue or issues being raised and cites specific portions of the case record supporting any alleged error. The Appeal Board is provided the case record, and no new evidence is received or considered.

    Time frame, as written

    • After filing a timely notice of appeal, a written appeal brief must be received by the Appeal Board within 45 days from the date of the Administrative Judge's clearance decision. (DoDD 5220.6, Encl. 3, E3.1.30)
    • A written reply brief, if any, must be filed within 20 days from receipt of the appeal brief. (DoDD 5220.6, Encl. 3, E3.1.30)

    Source: DoDD 5220.6, Encl. 3, E3.1.29 and E3.1.30

    Related pages

  8. Step 8. Appeal Board decision

    The Appeal Board issues a written clearance decision addressing the material issues raised on appeal. It may affirm the Administrative Judge's decision, remand the case to an Administrative Judge to correct identified error, or reverse the decision if correction of identified error mandates such action.

    Source: DoDD 5220.6, Encl. 3, E3.1.33

  9. Step 9. After a final decision

    Clearance decisions issued by Administrative Judges and the Appeal Board are indexed and made available in redacted form to the public. After a final denial or revocation by DOHA, a later reapplication is made initially by the applicant's employer.

    Time frame, as written

    • An applicant whose security clearance has been finally denied or revoked by the DOHA is barred from reapplication for 1 year from the date of the initial unfavorable clearance decision. (DoDD 5220.6, Encl. 3, E3.1.37)

    Source: DoDD 5220.6, Encl. 3, E3.1.37, E3.1.38 and E3.1.47

About this guide

The guide gives general information only. It quotes the time frames written in the documents; it does not calculate dates for any case, predict a result or provide legal advice.

The letters in a case carry their own instructions. Under DoD Manual 5200.02, the LOI contains instructions for responding to the SOR, and the LOD or LOR includes instructions on how to appeal (paragraphs 10.4.a.(1)(b) and 10.4.a.(4)(b)). Under DoD Directive 5220.6, a letter of instruction is sent with the SOR (Enclosure 3, E3.1.3).

Other federal agencies run their own procedures under Executive Order 12968, Access to Classified Information. This guide covers the DoD tracks only.

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Sources

  1. DoD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program, Enclosure 3 (Additional Procedural Guidance)esd.whs.mil
  2. DoD Manual 5200.02, Procedures for the DoD Personnel Security Program (PSP), Section 10 and Appendices 10A and 10Besd.whs.mil
  3. Defense Counterintelligence and Security Agency (DCSA), Appeal an Investigation Decisiondcsa.mil
  4. Defense Counterintelligence and Security Agency (DCSA), Security Review Proceedings FAQdcsa.mil
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