Summary
A 41-year-old male applicant with a military service history was denied a security clearance under Guideline E (Personal Conduct) due to a long record of confrontational behavior and rules violations. The Statement of Reasons detailed multiple incidents, beginning in September 2003 with an arrest for assaulting and harassing his girlfriend. While serving in the U.S. Army, he received non-judicial punishment (NJP) in April 2011 for violating a no-contact order with a female co-worker, and again in December 2021 for assaulting a female partner, which also required anger management training. He was administratively separated from the Army in June 2013 with a general discharge under honorable conditions.
His civilian employment history also reflected these issues, with terminations in August 2014 for arguing with co-workers and in June 2016 for a relationship with a co-worker at an overseas job site. Further legal issues included charges in April 2017 for misdemeanor marijuana possession, driving while impaired, and driving with a revoked license, which were dismissed when the arresting officer failed to appear. In May 2017, he faced charges for misdemeanor assault on a female and violating a domestic violence protective order (DVPO), dismissed when the victim did not appear. He was arrested again in March 2021 for violating another DVPO.
The applicant admitted to most allegations and provided explanations. However, the judge found that he failed to mitigate the security concerns, citing his long history of confrontational behavior, admitted assaults and protective order violations, and a lack of demonstrated rehabilitation or responsibility for his actions. Consequently, his request for a security clearance was denied.
Why the Applicant Was Denied
- The applicant has a long history of confrontational behavior and rules violations.
- He admitted to multiple instances of assault and harassment, including violations of protective orders.
- The applicant did not demonstrate rehabilitation or take responsibility for his actions.
Conditions Referenced
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)appliedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
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 issuedJan 3, 2020
- Answer filed—
- Hearing heldJul 1, 2022via virtual hearing
- Decision dateOct 31, 2022
Cite For
- Denial Based on a History of Confrontational Behavior Under Guideline E
- Failure to Mitigate Security Concerns Related to Personal Conduct
- Impact of Past Misconduct on Current Security Clearance Eligibility