LETTER OF INTENT
When a Letter of Intent (LOI) to revoke or deny a clearance is issued to a person, part of that letter is a statement of reasons that specifies which adjudicative criteria is involved and what actions or behaviors by the individual resulted in the intended action. The letter also provides detailed instructions to the individual to aid in the preparation of his/her rebuttal to our letter, and to provide guidance on determination, that ends the appeals process. There is a separate letter to the command with similar information.
If the rebuttal to the LOI does not sufficiently mitigate the issues and the DoN CAF issues a formal denial or revocation of clearance, there is one more level of appeal - the Personnel Security Appeals Board (PSAB), which is external to the DoN CAF. The appeal may be in writing or can be in the form of an appearance before an Administrative Judge from the Defense Office of Hearings and Appeals (DOHA). The judge may ask questions to clarify the issues, and the individual may make statements and present evidence. The DOHA makes a transcript of the hearing and the judge's recommendation, which are forwarded to the PSAB for final determination. Details on how to appeal to the PSAB are contained in the letter of denial or revocation to the individual and to the command. The PSAB determination ends the appeals process.
The detailed reference for the appeals process is contained in SECNAV M-5510.30 Section 8.5 .
DUE PROCESS STATISTICS
In FY07, the DON CAF denied or revoked 1773 clearances. Of that total, 1214 or 78.5% were due to financial considerations. The majority of these cases involved individuals in pay grades E3-E6.
In FY08, the DON CAF denied or revoked 1759 clearances. Of that total, 1429 or 81% were due to financial considerations. The majority of these cases involved individuals in pay grades E3-E6.