Upon receiving a Letter of Intent (LOI) to Revoke Eligibility for Access to Classified Information and/or Assignment to Duties that have been Designated National Security Sensitive, Federal employees, contractors, and military members have the option to submit a written response and request a personal appearance.

The personal appearance before DCSA AVS is a recent reform of the process, dating to December 8, 2024. The goal was to improve efficiency. It was promulgated after an extensive tug of war between the Defense Office of Hearings and Appeals (DOHA) and other adjudicators. DOHA did not get the centralization it desired, but the role of the Arlington judges was preserved, more or less, in the process.

It so happens that the applicant or appellant almost always benefits from a personal appearance. What follows is an overview of personal appearance procedure, preparation, what happens next. Throughout are some best practices for those seeking to maintain their security clearance and, with it, their career in the classified workspace.

This article expands upon the procedure for responding to a Statement of Reasons (SOR) from DCSA AVS provided here in Part I.

Should You Choose to Make a Personal Appearance?

Yes, you should elect for a personal appearance in your initial response to your SOR. In the event your written response adequately mitigates all security concerns, your personal appearance will not be scheduled. If, however, your written response prompts more questions from Security, you will be glad to have a second level review to present evidence and make your case.

Every effort should be made, and every opportunity seized to fully demonstrate that you can be trusted with eligibility for access to classified information. Do not put off gathering supporting documentation for the written response just because you anticipate the opportunity to present new evidence at your personal appearance. You are collecting evidence of being security safe throughout your career, from Day One to retirement. If you are not, you are setting yourself up to be purged.

You must inform DCSA AVS of your request for a personal appearance within 10 days of receiving the SOR. The Statement of Reasons Receipt and Statement of Intent form offers three options for your initial response: Respond in writing only, respond in writing and make a personal appearance, or make no response. This first deadline is nothing to sweat; just get it done or find an attorney to help you. It is just a receipt.

Some are far better suited to speaking their case than writing it. If you are one of these people, you still must submit a written response first, or forfeit your chance for a personal appearance. Those who are better with written work should still opt for a personal appearance. Again, should your written package be successful, the personal appearance will not be necessary. An attorney watching your back will try to end the adjudication at the earliest possible point; that requires the development of facts to which only you have complete access.

Simply put: It is almost always in your best interest to choose a personal appearance. The opportunity to present additional documentary evidence alone is well worth the price of admission. But the personal appearance does offer further advantages.

The Advantages of Choosing a Personal Appearance Before DCSA AVS

Your personal appearance is your opportunity to present yourself as a whole person, rather than a mere name on a file. That is no reason for you to just read aloud the written response DCSA AVS has already read. This time is too valuable: use it to situate your evidence strategically. Framing is not everything… until it is. There is no denying the impact of context. The personal appearance is your capstone event, your chance to show yourself as the model Security citizen.

Adjudicators are trained to weigh particular mitigating factors (found in SEAD-4), and these factors are all contextual by definition. That is because the security concerns listed therein—the 13 Adjudicative Guidelines—are themselves contextual. Guideline H (Drug Involvement and Substance Misuse) did not arise from pearl clutching. Drug use, like the rest, is of security concern because of what it says about you and your likely behavior in the context of national security. The best way to approach your SF-86/PVQ preparation and subsequent adjudication is to understand this: Each question on the SF-86/PVQ maps to one or more Adjudicative Guidelines, and each guideline was drafted in response to a series of counterintelligence and/or espionage cases going back to the 1950s. These Guidelines are written in blood.

In short: are you a liability like the spies who sell out the United States?

This context can work for you or against you. If the evidence, situated in context, demonstrates an ongoing pattern of troubling behavior, you will likely lose your national security eligibility. If the evidence demonstrates one misstep among an otherwise sterling life journey—a misstep exacerbated by surrounding circumstances unlikely to repeat—that counts for something.

The personal appearance offers you the opportunity to present yourself as a person, not just your accolades or failures. Adjudicators consider you in this larger context (referred to in adjudicative training as the Whole Person Concept). Even so, the personal appearance, like the written response, is an empirical, evidence-driven process. Make certain your case is supported by facts at each stage.

Preparing for Your Personal Appearance Ahead of Time

At this point, you will have already gathered the resources required to bolster your case, including:

• Records – Your security file, particularly those documents referenced in your SOR.
• Security Clearance Attorney – An experienced security clearance attorney can assist you at every stage of SOR response. DCSA AVS also permits your attorney to accompany you at your personal appearance. Your attorney’s role at the appearance is limited (more detail below).
• Supporter Declarations – DCSA AVS does not afford Federal employees and military members the opportunity to call upon personal witnesses at their personal appearance. Their written testimony, however, may be presented beforehand.
• Additional Documentary Evidence – Concrete proof is essential to your defense. This means items of fact: medical records, bank statements, plea agreements. Strategically curated written testimony from experts, like doctors, can serve well.

Arranging for Your Personal Appearance Before DCSA AVS

After receiving your SOR, you responded within the 10-day deadline to notify DCSA AVS of your intent to respond in writing as well as make a personal appearance. You have already submitted your written response within the 30-day deadline (or, you were granted an extension/s). If your written response failed to allay all security concerns referenced in your SOR, the personal appearance will proceed.

If you find additional documentary proof to support your case after the deadline to submit your written response, you may present this to DCSA AVS at your personal appearance. Note that DCSA AVS must receive any additional documentation at least seven days ahead of time for you to make use of it during your personal appearance.

DCSA AVS will contact both you and your SMO to schedule the time and location of your personal appearance. If they cannot reach you, a final determination will be made on the merits of the information available: i.e., the information which already proved inadequate in clearing you.

Your Appearance Matters

All personal appearances before DCSA AVS are now conducted virtually. You must have access to a stable internet connection and a device with full video-conference capability, i.e., reliable camera and microphone. Should you not have a suitable computer or phone, inform your SMO. They should make arrangements for you.

Remember, do not bring popular and informal perceptions of what is culturally presentable to Security; provide Security your input in forms that show respect for their process. Your written reply, personal and supporter declarations, and other written work products should be professional. If your professional standard is casual, that should be upgraded for your interaction with Security. The same goes for your presentation at the personal appearance.

The setting is equally important. You will require privacy and quiet. DCSA AVS does not issue an official dress code, but self-presentation is key. This is not limited to your personal appearance, such as clothes and the like. A thoughtfully assembled and clean-cut written response adds credence to compelling content. Be just as organized during your personal appearance. Ensure all materials are well organized and ready to hand. You do not want to be rifling through papers to make a point.

Your environment also speaks volumes to the seriousness you afford these proceedings and, by extension, your place in the circle of trust. If you have retained a security clearance attorney, their office may be available to you. Make arrangements well ahead of time and get comfortable with the space if able.

What to Expect at your Personal Appearance Before DCSA AVS

The Set-up

These days, DCSA AVS personal appearances are all virtual. You must still be clearly present at all times: visible, on screen. Adjudicators need to see you speaking your responses. Proceedings are not recorded, but a transcript is generated. This transcript and any additional notes will form the written record.

Who Will Be at Your Personal Appearance

The attendance roster is not set in stone. We do know a representative of DCSA AVS will run the show. Representatives from DCSA Office of General Counsel and/or Behavioral Sciences Branch might also be asked to participate.

Then, of course, there is you. You may be accompanied by one person: either your attorney or another advisor, like a union shop steward. Federal employees and servicemembers are not permitted to call upon personal witnesses at DCSA AVS. Best you can do is collect their signed supporter declarations ahead of time (again, make sure DCSA AVS has them at least one week prior).  And that means signed. Not typed. Failing to sign a Declaration is a sign of unprofessionalism.

Presentation

With adequate preparation, your presentation should go smoothly. Your personal appearance is not a trial. Presumably, you are not there to be interrogated or raked across the coals. This is not a debate, either. You will be delivering a presentation, and then answering questions. This is why it is so important to be familiar with and organize your materials ahead of time.

Closing Statement

Once DCSA AVS representatives have no more questions, you may close with a final statement. Use this to summarize your case. Like the written response and presentation before it, your closing statement should be facts driven. Remove any and all doubt that you can be trusted with the nation’s sensitive information.

What Happens Next?

Now begins DCSA AVS final adjudication. They consider the facts and make a decision. If they determine that they require more information or some specific documentation, you will find out within five days. Make sure they get it within 30 days—sooner is always better. And if they miss a deadline, remember: it is your deadlines that count. Federal adjudicators are not held to statutory deadlines for the most part.

Favorable Outcome

Congratulations on keeping (or getting) your security clearance. DCSA will notify your SMO accordingly.

Unfavorable Outcome

If DCSA AVS decides to deny or revoke your security clearance, they will provide your SMO with a memorandum, which will then go to you. This document will include the reasoning underlying the denial or revocation, as well as instructions for requesting the official record of your personal appearance.

All is not lost yet. Should you choose to keep fighting, you now have a decision to make. You can make your initial appeal to one of two administrative bodies: your component Personal Security Appeal Board (PSAB), or Defense Office of Hearings and Appeals (DOHA).

Appealing an Unfavorable Security Determination to PSAB

If you choose PSAB, your appeal will be written; review will be of the file. Their determination is final.

Appealing an Unfavorable Security Determination to DOHA

With DOHA, your appeal is another personal appearance. However, DOHA does not make the final determination. The DOHA Administrative Judge (AJ) who presides over your hearing will make a recommendation to PSAB. In either case, PSAB makes the final decision on your security clearance revocation or denial appeal.

Role of an Attorney at Your Personal Appearance

DCSA AVS permits your attorney to appear with you, but their role is somewhat limited. A security clearance attorney should be the one ensuring you do not need help during your personal appearance: because you are prepared—strategically. An attorney worth their salt will be working with you at every stage: responding to your SOR, collecting evidence, organizing your written response, establishing strategy, and running through mock personal appearances until you are both confident.

But remember: Your ultimate task is proving yourself to be of sound enough judgment and trustworthiness to merit your sensitive position. The standard is high. You are responsible for your answers and materials. If a Supporter Declaration supplies fabricated information, you are responsible for submitting fabricated information. Likewise, you must answer all questions posed to you during your appearance. Having the resources to retain a security clearance lawyer does not absolve you of ownership of your words and your defense.

While you may be allotted time to consult with your attorney during your personal appearance, this is not a criminal trial. You are expected to speak for yourself. An experienced security clearance attorney is there to help plot your route and hold onto the map. It is you who must be behind the wheel, and your words—powered by facts—driving your defense.

Dan Meyer, Esq. is a Partner at Tully Rinckey PLLC’s Washington, D.C. office and has dedicated more than 25 years of service to the field of Federal Employment and National Security law as both a practicing attorney and federal investigator and senior executive. He is a lead in advocating for service members, Federal civilian employees, and contractors as they fight to retain their credentialing, suitability and security clearances.

Tully Rinckey attorneys understand that issues involving security clearances can be challenging, and they will handle your matter with the attention and tact it deserves. If you have additional questions, our team of dedicated security clearance attorneys is available to assist you today. Please call 8885294543, or schedule a consultation online.