Summary
The applicant, a 56-year-old flight engineer and project manager, contested the Department of Defense's intent to deny his security clearance due to a misdemeanor conviction for pointing a weapon at another. The judge found that the applicant mitigated the security concerns related to criminal and personal conduct, granting him eligibility for access to classified information. The decision emphasized the unusual circumstances surrounding the incident and the applicant's subsequent positive actions, including community service and completion of probation.
Under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant's arrests might affect his personal, professional, or community standing (2.a). Applicant was arrested for felony pointing of a firearm (1.a).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 31(a), AG ¶ 31(c). The judge applied mitigating conditions AG ¶ 32(a), AG ¶ 32(d), AG ¶ 32(b). The decision turned on the following: The applicant demonstrated successful rehabilitation by completing probation and community service; The incident occurred under unusual circumstances that are unlikely to recur; The applicant's actions were influenced by significant stressors, which have since been resolved.
Why the Applicant Prevailed
- The applicant demonstrated successful rehabilitation by completing probation and community service.
- The incident occurred under unusual circumstances that are unlikely to recur.
- The applicant's actions were influenced by significant stressors, which have since been resolved.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal ConductThe applicant was charged with a misdemeanor for pointing a weapon at another.
- AG ¶ 31(c)raisedCurrently on ProbationThe applicant was on unsupervised probation at the time of the SOR.
- AG ¶ 32(a)appliedTime Elapsed and Unusual CircumstancesThe incident occurred over four years ago and under unusual circumstances.
- AG ¶ 32(d)appliedEvidence of Successful RehabilitationThe applicant completed probation and community service with no further incidents.
- AG ¶ 32(b)appliedPressure or CoercionThe applicant was under significant stress due to ongoing disturbances from the neighbor's dogs.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 9, 2017
- Answer filedMay 30, 2017
- Hearing heldFeb 28, 2018
- Decision dateFeb 28, 2018
Cite For
- Mitigation of Criminal Conduct Under Unusual Circumstances
- Successful Rehabilitation Through Community Service
- Impact of Stressors on Judgment in Security Clearance Cases