Clearance Appeals Process - Military and Civilian

In the military and civilian process, if the written response does not eliminate or mitigate the issues in the SOR, the individual receives an LOD, stating the final reasons for the denial or the revocation decision, as well as methods for appealing the decision. The individual then decides whether to appeal the LOD to the Component PSAB. When an appeal is made, the employee provides additional documentary evidence in response to the remaining issues identified in the LOD to the DOHA AJ in the personal appearance hearing or to the PSAB if a hearing not requested.

DoD 5200.2-R, change 3, February 23, 1996, implements the personal appearance hearing in the military and civilian process after the LOD is issued. DoD 5200.2-R establishes that when an individual chooses a personal appearance, the entire case file is forwarded to DOHA for review by an AJ.

During the personal appearance hearing, the case is presented to the AJ by the individual or his or her representative, which may include legal counsel. The individual may make an oral presentation and respond to questions posed by his or her representative and will respond to questions posed by the AJ. The individual may submit documents relating to whether the LOD should be overturned, but will not have the opportunity to present or cross-examine witnesses. When the hearing is over, the AJ provides a written recommendation to the PSAB.

That recommendation and a transcript of the case become part of the case file provided to the PSAB for a final decision.

The PSAB (3-member board) will decide to Grant or Deny/Revoke your security clearance. One member of the PSAB is from the personnel security field. The other two members are from non-security occupational specialty fields. These two members ensure due process, consistency and fairness to the appellant outside of the personnel security environment or sphere of influence.

YES: If the PSAB decides to overturn a denial, the clearance will be granted or reinstated. (May be a “conditional” reinstatement whereby certain conditions will be placed on the appellant for them to retain their clearance).

NO: If the PSAB decides to uphold a decision, the appeal process will be closed and the member will have to wait one year from the date of the final decision before they can request a reconsideration.