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PhilCave
PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1064
Experience:  33 years military law experience.
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Good evening Sir, Where can I get help in order to draft

Resolved Question:

Good evening Sir,

Where can I get help in order to draft a letter of response to a security clearance SOR. I just need help in using the right wording so to speak (considering English is my Seventh language).
Submitted: 1 year ago.
Category: Military Law
Expert:  PhilCave replied 1 year ago.
Hello, thanks for asking your question.

If you have received an SOR, then your response is very simple. When I do it for clients its one page.

You merely admit or deny the allegation(s).

You then make sure you elect to have a hearing.

I'm assuming you are a contractor.

It is the preparation for the hearing with the judge that takes the time and effort.


Customer: replied 1 year ago.

Sir, thank you for your reply. I'm actually not a contractor, I'm military (Air Force). The reason for the SOR is having a foreign passport (I just surrendered it to my SSO, as I have no problem renouncing that citizenship). My dilemma is I need help articulating the response letter and I would've hired an attorney but unfortunately I can't afford the amount they are asking from me since I have a wife and three young boys and we are on a tight budget. Is there a format I can look at and follow in order to make it look professional. I was told that in my case I can easily mitigate foreign preference (Having a foreign passport) by surrendering the passport or having it destroyed.


 


Thank you.

Expert:  PhilCave replied 1 year ago.
Oh well, that is much different of course.

1. You should have elected to get extra time to reply.
2. There should have been a notice from CCF which told you how to apply for a copy of the relevant file and materials.
3. There is no specific format.

What I do is use the Directive, the Adjudicative Guidelines to fashion arguments for mitigation.

It is true that a mitigating factor under the Directive, Guidelines, and Money Memorandum is to surrender the passport. But that doesn't stop the issue of "foreign influence" as well.

You follow the standard memorandum format for Air Force correspondence. Why don't you follow the format from how the Appeals Board writes their decisions. You can find examples here.

http://www.dod.mil/dodgc/doha/industrial/
http://www.dod.mil/dodgc/doha/5200.2-R.pdf
http://www.dhra.mil/perserec/adr/index.htm
Customer: replied 1 year ago.

1. I did elect extra time and was given til mid August to respond.


2.I just received all my OPM and AFCAF files yesterday.


3.Thank you :)


 


My SOR states one specific reason and that is Foreign preference due to having dual nationality (Passport). No foreign influence is stated.


 


Should I still ask for a hearing?? or is it different for military members. The adjudicator told my command that he/she would make a decision within 30 days of receiving my response!!!

Expert:  PhilCave replied 1 year ago.
1. Yes, the process is different for active duty. You will first have to submit this response.
2. If they deny, then that's when you ask for a hearing in front of a judge.

3. One of the other things I've had a client do is write to the Embassy or Consulate with a letter stating they are voluntarily giving up citizenship.
PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1064
Experience: 33 years military law experience.
PhilCave and 2 other Military Law Specialists are ready to help you

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