ANSWERS: 5
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I am assuming that this is against the rules.....as a potential for use for blackmail? I would confront the 2 individuals and, without judging them, indicate that if you know about this affair, then others will too. Remind them of the possible consequences...then back off.
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Historially that would be a reason for blackmail and a person's clearance could be revoked. You would need to contact the FBI since they do most of the background checks for clearances. Go to www.fbi.gov. Also keep in mind that it may not be grounds to revoke a clearance. If the person in question admits to the alleged affair, and makes it public information on record, the blackmail factor is gone.
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If you have an in-house contact, it's best to start with that person or office. If I recall correctly there is an appeals process no matter who you work for. Sometimes a nice chat with the security folks is all it takes. I never had a clearance denied or revoked, but my update took longer than expected (ex husband's info. on my credit report). I marched down to the office and gave them a copy of my personal files on the matter and it was resolved in an hour. See: Security Clearance Appeal (http://www.onlinelawyersource.com/security-clearance_denial/security-clearance-appeal.html) A security clearance appeal may be an appropriate action for an individual whose security clearance was denied or revoked. Security clearance grants access to restricted national security information, knowledge of which is necessary for the completion of certain duties, projects, and occupations. Military members, federal employees, law enforcement, private-sector employees, government contractors, and others may need security clearance to gain access to important classified or secret information. In order to gain security clearance, an individual must undergo a mandatory background investigation into their personal character and conduct. After a security clearance application is completed by the applicant, investigators all over the world will begin to gather information about the applicant including: birth verification, citizenship of the applicant and family, education, employment history, military service, criminal background, civil and criminal litigation involvement, credit history, time spent abroad, association with undesirable individuals and foreign nationals, lifestyle, drug and alcohol use, mental health, and much more. After the investigators have gathered and assembled this information into a Report of Investigation, they will send this report to the requesting government agency. This agency determines whether to grant or deny security clearance to the applicant. To make this decision, the government agency will apply the “clearly consistent with the interests of national security” standard. The Supreme Court has also ruled that, “security clearance determinations should err, if they must, on the side of denials.” Because the government defaults to denial of security clearance when it is not completely clear whether or not the individual is fit for clearance, many people who need security clearance to complete an essential responsibility may initiate security clearance appeals. The opportunity for appeals exists after denial of security clearance, though the process functions much differently than the criminal or civil legal appeals processes. The security clearance appeals process is stricter and less forgiving than other legal procedures. The government has much more power during security clearance appeals and standard legal checks and balances may not apply. Once an Administrative Judge makes a decision regarding an applicant’s security clearance, either party (applicant or Department Counsel) may request security clearance appeals to remand or reverse the judgment. The Appeals Board will typically uphold the Judge’s decisions during a security clearance appeals hearing. This board will evaluate the original hearing to ensure that the judge adhered to Executive Order procedures. If the security clearance appeals board finds the judge’s decisions arbitrary, contrary to the law, or capricious, the board may remand or reverse the judge’s order. While in theory there is a well-established security clearance appeals process available to those seeking clearance, in practice it is not always easy to appeal an adverse administrative decision. It may be difficult to access the information upon which the denial of security clearance was founded, making it difficult to build a strong security clearance appeals case. The best resource for a person seeking security clearance appeals is a qualified and experienced attorney. Retaining the professional services of an experienced security clearance attorney early in the security clearance application process, or any time thereafter, is the best way to protect and maximize your interests during this process. Early involvement of a legal professional increases the likelihood you will receive a favorable outcome in security clearance appeals and all related matters. If your security clearance has been denied or revoked and you would like to learn more about security clearance appeals, please contact us to speak with a qualified and experienced attorney. An excerpt from: http://www.markrileylawfirm.com/AdjudicativeGuidelines.jsp Each adjudicative guideline category describes types of behavior and conditions that could create a security concern and result in the denial or revocation of a security clearance and/or SCI access eligibility. The 13 adjudicative guideline categories (as revised in December 2005) are as follow: --Guideline A, Allegiance to the United States. --Guideline B, Foreign Influence. --Guideline C, Foreign Preference. --Guideline D, Sexual Behavior. --Guideline E, Personal Conduct. --Guideline F, Financial Considerations. --Guideline G, Alcohol Consumption. --Guideline H, Drug Involvement. --Guideline I, Psychological Conditions. --Guideline J, Criminal Conduct. --Guideline K, Handling Protected Information. --Guideline L, Outside Activities. --Guideline M, Use of Information Technology Systems. You might also consider contacting DSS and OPM for more information. DSS: https://www.dss.mil/portal/ShowBinary/BEA%20Repository/new_dss_internet/index.html OPM: http://www.opm.gov
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The married man's affair, if he is trying to keep it a secret, could easily be used as leverage against him in exchange for secret information. Put simply, if there's something in your life that someone can threaten you with, you are a security risk.
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I would say you should mind your own business. If you really really truly in your heart believe that your co-workers are a serious security threat due to their affair, then I would tell their bosses.
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