The Foreign Service Journal, March 2009

M A R C H 2 0 0 9 / F O R E I G N S E R V I C E J O U R N A L 15 Personnel Management or the De- partment of Defense. Both agencies use specially trained personnel who are not criminal investigators or law en- forcement personnel to conduct back- ground investigations. These agents conduct the process entirely outside the employee’s chain of command and usually beyond the influence of the head of the employing agency. OPM and DOD’s clearance proce- dures are identical and based on the Adjudicative Desk Reference , which is publicly available. Appeals are re- corded, and those heard by the De- fense Office of Hearings and Appeals are publicly available. A key compo- nent of the appeal process is a “state- ment of reasons” informing the em- ployee of the exact concerns support- ing a negative decision, providing the affected employee the right to respond directly to those concerns. In contrast, DS overseas back- ground investigations are usually con- ducted by special agents whose pri- mary focus is on law enforcement and the development of a criminal indict- ment. In adverse action cases, DS fre- quently bases adjudications on investi- gations originally conducted to develop a criminal or disciplinary case. These fail to meet the requirement to collect positive information in addition to any that is derogatory, as well as other ele- ments of a personnel security back- ground investigation. Most cases we have seen show no evidence of the required “whole per- son” review. Many appear based on cherry-picking of derogatory informa- tion — contrary to the whole person concept. We have also seen cases where decisions appear to be influenc- ed by ethnic background, sexual orien- tation or mental health counseling. It is not unusual for DS to reopen a S P E A K I N G O U T A time of service…a time of need Help for Seniors May Be Just a Phone Call Away— Home Health Care Adult Day Care & Respite Care Prescription Drug Copayments Transportation to Medical Appointments Durable Medical Equipment For more information, please contact the SENIOR LIVING FOUNDATION OF THE AMERICAN FOREIGN SERVICE 1716 N Street, NW Washington, DC 20036-2902 Phone: (202) 887-8170 Fax: (202) 872-9320 E-Mail: info@SLFoundation.org Web Site: www.SLFoundation.org The Senior Living Foundation may be able to help you or someone you know. Some examples of assistance are: SPONSORED BY THE AMERICAN FOREIGN SERVICE PROTECTIVE ASSOCIATION