Summary
A 39-year-old computer systems analyst and former Air Force staff sergeant was granted a security clearance despite concerns under Guideline J (Criminal Conduct) and Guideline E (Personal Conduct). The Statement of Reasons cited multiple past arrests, all of which were dismissed. These included charges for simple assault, domestic assault (twice), and simple assault/robbery. Additionally, the applicant was charged with drug possession in two separate incidents, one of which was determined to involve a borrowed jacket, and the other where it was found he was not the person arrested.
Further concerns arose from the applicant's failure to disclose earlier incidents on his 2016 e-QIP, though no intent to mislead was found. The administrative judge determined that the applicant's conduct was not indicative of a lack of trustworthiness, noting that he had taken steps to mitigate past issues.
The decision to grant the clearance was based on several mitigating factors. All arrests were dismissed, meaning there were no convictions. Significant time had passed since the incidents, and the applicant demonstrated substantial personal growth, including completing an anger management course. These factors collectively led to the determination that the applicant was eligible for a security clearance.
Why the applicant prevailed
- The applicant's multiple arrests were dismissed, indicating no convictions.
- Significant time had elapsed since the incidents, reducing concerns about recurrence.
- The applicant completed an anger management course and demonstrated personal growth.
Conditions referenced
- AG ¶ 31(a)raisedPattern of Minor Offenses
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(c)appliedNo Reliable Evidence of Offense
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
- AG ¶ 17(c)appliedBehavior Unlikely to Recur
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Counseling
- AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability
- AG ¶ 17(g)appliedUnwitting Association with Criminal Activities
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedApr 2, 2018
- Answer filedJun 15, 2018Timely response requesting a hearing.
- Hearing heldMar 27, 2019Hearing convened as scheduled.
- Decision dateApr 5, 2019Decision issued.
Cite for
- Mitigation of Criminal Conduct Under Guideline J Due to Dismissed Charges
- Successful Rehabilitation and Personal Growth as Mitigating Factors
- Consideration of the Whole-person Concept in Security Clearance Decisions