DEFENSE OFFICE OF HEARINGS AND APPEALS
In the matter of: [Applicant], ISCR Case No. [__]
APPLICANT’S ANSWER TO STATEMENT OF REASONS AND REQUEST FOR HEARING
Applicant answers the Statement of Reasons dated [date], received [date], as follows. Applicant requests a hearing before an Administrative Judge.
Paragraph 1 (Guideline I, Psychological Conditions).
1.a. [Allegation, e.g., “You reported to a counselor in 20__ that you observed an unidentified object and experienced events you could not explain.”] Admitted in part. Applicant reported an observation to [counselor] on [date]. Applicant denies that the report reflects any condition that impairs judgment, stability, reliability, or trustworthiness. The observation was [corroborated by (names, records) / reported through the official channel under 50 U.S.C. §3373b]. Applicant has not been diagnosed with any condition listed in SF-86 Section 21D and has never been hospitalized for a mental health condition. Under SEAD 4, App. A ¶27, “[n]o negative inference … may be raised solely on the basis of mental health counseling.” [Applicant will submit an evaluation by (a duly qualified mental health professional acceptable to the Government) stating that Applicant has no condition that may impair judgment. SEAD 4, App. A ¶29(c), (e).]
Paragraph 2 (Guideline E, Personal Conduct).
2.a. [Allegation, e.g., “You falsified your SF-86 dated (date) by failing to disclose (fact).”] Denied. Applicant did not deliberately omit or falsify any information. [Explain: e.g., “Section 21 asks about orders, hospitalization, specified diagnoses, and conditions that substantially affect judgment. None applied. Applicant answered each question accurately.”] [If an omission occurred:] Applicant disclosed the matter on [date], before it was raised by any investigator, as shown in [record].
Paragraph 3 (Guideline L, Outside Activities).
3.a. [Allegation, e.g., “You volunteer for (organization), which publishes material on defense topics, and did not report it.”] Admitted in part. Applicant has volunteered for [organization] since [date] as [role]. The activity concerns [description], has no connection with Applicant’s work or program, and involves no protected information. Applicant [reported the activity on (date) / did not understand that reporting was required, and reported it on (date) when advised]. Applicant has [ended the activity / agreed to the restrictions described in Exhibit __].
Whole-person factors. Applicant has held a clearance since [year] without incident, [summarize record: awards, evaluations, references]. Applicant will present [number] witnesses and the documents listed below.
Reprisal. [If applicable:] The allegations followed Applicant’s protected disclosure on [date] to [AARO / an inspector general / a congressional committee]. Applicant asserts that the action is in reprisal for that disclosure and reserves all rights under applicable law, including 50 U.S.C. §3373b(b)(2).
Documents. [List: performance evaluations; letters of reference; the evaluation in ¶1.a; records corroborating the observation; reporting records for ¶3.a.]
I declare under penalty of perjury that the foregoing is true and correct.
[Signature] [Date] [Applicant’s name, address, email, phone] [Counsel’s name and contact, if represented]
