DoD Employees, Contractors Can Appeal Security Clearance Decisions

Did you receive an unfavorable decision after your Defense Office of Hearings and Appeals (DOHA) hearing before an Administrative Judge? Under Department of Defense (DoD) Directive 5220.6, DoD employees and contractors are provided an opportunity to appeal a decision to deny or revoke a security clearance.

After the hearing has been held, the Administrative Judge will issue a written decision. This written decision includes findings of fact and conclusions of law and is based upon the record evidence, the current national Adjudicative Guidelines, and case law. In all decisions, DOHA applies the "clearly consistent with the interests of national security" standard. The U.S. Supreme Court has held that the "clearly consistent with the interests of national security" test indicates that "security-clearance determinations should err, if they must, on the side of denials." Dept. of Navy v. Egan, 484 U.S. 518, 531 (1988).