Summary
A 57-year-old defense contractor employee, who had held a security clearance since 1979, was denied renewal based on Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons cited his 1970 arrest on felony charges for marijuana possession and distribution, as well as a positive urinalysis for marijuana use in 1995.
The primary reason for denial was the mandatory disqualifying condition under 10 U.S.C. § 986, which prohibits the renewal of a security clearance for individuals with felony drug convictions without a waiver. Despite the applicant's long history of reliable service and evidence of rehabilitation, the judge determined that he did not demonstrate that granting such a waiver was clearly consistent with the national interest.
Consequently, the applicant's security clearance renewal was denied. Disqualifying conditions 31(a), 31(c), and 31(f) were raised, while mitigating conditions 32(a) and 32(d) were applied but ultimately insufficient to overcome the mandatory disqualification.
Why the Applicant Was Denied
- The applicant's felony drug conviction from 1970 was a mandatory disqualifying condition under 10 U.S.C. § 986, which prohibits renewal of security clearance without a waiver.
- The judge found that the applicant did not demonstrate that granting a waiver was clearly consistent with the national interest.
Conditions Referenced
- DC 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- DC 31(c)raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted, or Convicted
- DC 31(f)raisedConviction in a Federal or State Court, Including a Court-martial, of a Crime, Sentenced to Imprisonment for a Term Exceeding One Year and Incarcerated as a Result of That Sentence for Not Less Than a Year
- MC 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness or Good Judgment
- MC 32(d)appliedThere Is Evidence of Successful Rehabilitation; Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity, Remorse or Restitution, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement
Key Rule Quoted
“"Criminal activity creates doubt about a person’s judgment, reliability, and trustworthiness. By its very nature, it calls into question a person’s ability or willingness to comply with laws, rules and regulations."”
Procedural Posture
- SOR issuedApr 5, 2007
- Answer filedApr 20, 2007
- Hearing heldAug 9, 2007
- Decision dateSep 19, 2007
Cite For
- Mandatory Disqualifying Condition Under 10 U.S.C. § 986 for Felony Convictions
- Consideration of Rehabilitation Efforts in Security Clearance Decisions
- Impact of Criminal Conduct on Security Clearance Eligibility