Summary
A 56-year-old male with a background in military service and defense contracting was denied a security clearance due to concerns under Guideline J (Criminal Conduct) and Guideline E (Personal Conduct). The administrative judge determined that the applicant's pattern of behavior, including multiple criminal offenses, raised significant doubts about his reliability and trustworthiness.
The applicant's record included several incidents. In 1989, he was arrested and charged with kidnapping, false imprisonment, rape by force, and oral sex by force, though all charges were later dismissed. In 2002, he was convicted of driving under the influence (DUI), resulting in a three-month DUI program, a MADD class, and an $1,800 fine. April 2010 saw charges of corporal injury to a spouse or cohabitant, which were dismissed. In November 2010, he was again arrested and convicted of DUI, leading to five years’ summary probation, 96 hours of community service, an 18-month DUI program, and a $2,500 fine. Most recently, on March 5, 2018, he was charged with three felony offenses related to a February 24, 2018 incident: assault with a deadly weapon involving his wife and eldest daughter, and assault by means likely to produce great bodily injury involving his youngest daughter.
The denial was based on the applicant's history of violent criminal offenses and DUIs, which were deemed serious and indicative of questionable judgment, even with some dismissed charges. Additionally, the applicant's lack of candor in his security clearance applications and interviews further undermined his credibility.
Why the Applicant Was Denied
- The applicant had a history of violent criminal offenses and DUIs that raised significant concerns about his reliability and trustworthiness.
- Despite some charges being dismissed, the overall pattern of criminal conduct was deemed serious and indicative of questionable judgment.
- The applicant's lack of candor in his security clearance applications and interviews further undermined his credibility.
Conditions Referenced
- AG ¶ 31(b)appliedCriminal Conduct
- AG ¶ 16(e)appliedPersonal Conduct
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedNov 18, 2022
- Answer filedNov 30, 2022
- Hearing held—Decision based on written record.
- Decision dateJan 5, 2024
Cite For
- Denial Based on a Pattern of Criminal Conduct Under Guideline J
- Lack of Candor Impacting Personal Conduct Under Guideline E
- Seriousness of Violent Offenses Affecting Security Clearance Eligibility