Summary
A 59-year-old defense contractor employee was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to multiple criminal convictions and threatening behavior. The Statement of Reasons included allegations that the applicant sent threatening text messages and stalked an individual identified as TR. Additionally, the applicant was charged with using profane and derogatory language in a call to a business partner of his former employer, threatening to create problems for senior executives and the company.
The applicant was convicted of breaking and entering and petit larceny. These criminal convictions, coupled with the applicant being on probation at the time of the hearing, were cited as significant security concerns. The judge determined that the applicant's conduct demonstrated questionable judgment and a lack of reliability, which undermined trustworthiness.
Despite some allegations being refuted, the overall pattern of behavior led to the denial of the security clearance. Disqualifying conditions under AG ¶ 31(b), AG ¶ 31(c), and AG ¶ 16(e) were raised, while mitigating conditions under AG ¶ 32(a), AG ¶ 32(c), AG ¶ 32(d), AG ¶ 17(c), AG ¶ 17(d), and AG ¶ 17(f) were applied but ultimately insufficient to overcome the security concerns.
Why the Applicant Was Denied
- The applicant had multiple criminal convictions, including breaking and entering and petit larceny, which raised significant security concerns.
- The applicant was still on probation at the time of the hearing, indicating ongoing risk of recidivism.
- The applicant's conduct involved questionable judgment and a lack of reliability, undermining trustworthiness.
Conditions Referenced
- AG ¶ 31(b)appliedCriminal Conduct
- AG ¶ 31(c)appliedCurrently on Parole or Probation
- AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's most recent criminal conduct was three years ago, and he is still under probation.
- AG ¶ 32(c)appliedNo Reliable Evidence to Support the Individual Committed the OffenseEstablished for allegations not supported by reliable evidence.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant has not demonstrated sufficient rehabilitation or compliance with probation.
- AG ¶ 17(c)rejectedMinor Offense or Unlikely to RecurThe applicant's felony conviction and ongoing probation indicate a likelihood of recurrence.
- AG ¶ 17(d)rejectedAcknowledgment of Behavior and CounselingNo evidence of counseling or positive steps taken to address behavior.
- AG ¶ 17(f)appliedUnsubstantiated InformationEstablished for allegations that were not substantiated.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedJul 20, 2022
- Answer filedAug 5, 2022
- Hearing heldSep 12, 2023
- Decision dateOct 25, 2023
Cite For
- Denial of Security Clearance Due to Multiple Criminal Convictions Under Guideline J
- Impact of Ongoing Probation on Security Clearance Eligibility
- Evaluation of Personal Conduct Under Guideline E Leading to Security Concerns