Summary
A 27-year-old male applicant with prior military service was denied a security clearance, primarily under Guideline J (Criminal Conduct) and Guideline E (Personal Conduct). The Statement of Reasons detailed several concerns, including a January 2021 arrest for illegal firearm discharge, intoxication, and carrying a dangerous firearm while under the influence of alcohol. Additionally, in September 2018, while serving in the Marine Corps, the applicant was charged with wrongful use of controlled substances under the Uniform Code of Military Justice (UCMJ).
Further allegations included steroid use from September 2016 to April 2017 while holding a security clearance, and a requirement to attend an alcohol education class in March 2019. These issues raised disqualifying conditions under the Adjudicative Guidelines.
Despite demonstrating compliance with probation and having no further legal issues since his 2021 arrest, the judge found insufficient evidence to mitigate the concerns. The applicant failed to mitigate concerns under Guideline J due to a pattern of poor judgment and illegal behavior, and his admissions regarding steroid use and illegal firearm discharge raised significant doubts about his reliability and trustworthiness under Guideline E.
Why the applicant was denied
- The applicant failed to mitigate concerns under Guideline J (criminal conduct) due to a pattern of poor judgment and illegal behavior.
- The applicant's admissions regarding steroid use and illegal firearm discharge raised significant doubts about his reliability and trustworthiness under Guideline E (personal conduct).
Conditions referenced
- AG ¶ 30raisedCriminal ConductCriminal activity creates doubt about a person’s judgment, reliability, and trustworthiness.
- AG ¶ 16(c)raisedPersonal ConductCredible adverse information in several adjudicative issue areas supports a whole-person assessment of questionable judgment.
- AG ¶ 23(a)appliedAlcohol ConsumptionThe applicant successfully completed probation and had no further alcohol incidents after his 2021 arrest.
- AG ¶ 26(a)appliedDrug InvolvementThe applicant's steroid use occurred several years ago and has not recurred since.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedOct 24, 2022
- Answer filedNov 11, 2022
- Hearing heldMay 24, 2023
- Decision dateSep 26, 2023
Cite for
- Insufficient Mitigation of Criminal Conduct Under Guideline J
- Impact of Personal Conduct on Security Clearance Eligibility
- Successful Mitigation of Alcohol Consumption and Drug Involvement Concerns