Summary
A 48-year-old corporate president was granted a security clearance despite concerns under Guideline E (Personal Conduct) regarding past aggressive behavior. The Statement of Reasons detailed several incidents, including a physical altercation with a security guard in 1989, another with a security system administrator in December 2001, and two incidents in December 2016 involving road rage and a workplace physical altercation.
The applicant admitted to one of the alleged incidents but denied others. Disqualifying conditions under AG ¶ 16(c) were raised. However, the applicant demonstrated significant mitigating factors, specifically AG ¶ 17(c) and AG ¶ 17(d). He acknowledged his aggressive behavior and proactively engaged in corrective actions, including counseling and anger management courses.
The judge determined that the applicant had shown a commitment to preventing future aggressive incidents. Ultimately, the judge concluded that the applicant's past conduct did not undermine his current reliability and trustworthiness, leading to the security clearance being granted.
Why the applicant prevailed
- The applicant acknowledged his aggressive behavior and took corrective actions, including counseling and anger management courses.
- He demonstrated a commitment to avoid future incidents of aggressive behavior.
- The judge found that the applicant's past behavior did not cast doubt on his current reliability and trustworthiness.
Conditions referenced
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment.
- AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Contributed to Untrustworthy, Unreliable, or Other Inappropriate Behavior, and Such Behavior Is Unlikely to Recur.
Key rule quoted
“Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual's reliability, trustworthiness, and ability to protect classified or sensitive information.”
Procedural posture
- SOR issuedSep 21, 2018
- Answer filedOct 23, 2018
- Hearing heldMay 17, 2019
- Decision dateSep 11, 2019
Cite for
- Mitigating Conditions Under Guideline E for Past Aggressive Behavior
- Importance of Corrective Actions in Security Clearance Determinations
- Consideration of the Whole-person Concept in Adjudication