Summary
A 29-year-old applicant with an information technology and military background was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons detailed several past issues. In November 2011, the applicant was arrested and charged with brandishing a firearm, a misdemeanor, to which he pleaded guilty. He received a 60-day suspended jail sentence, two years of unsupervised probation, and a $100 fine.
Earlier, in April and August 2007, the applicant received nonjudicial punishments (NJP) for disrespectful language and attitude toward a non-commissioned officer, resulting in forfeited pay, restriction, and extra duty. In December 2006, he received an NJP for similar disrespectful conduct, failure to obey a lawful order, and making a false official statement. This led to a rank reduction to private (E-1) and a forfeiture of $646 in pay for two months, though this punishment was suspended and later vacated.
The judge found that the applicant had demonstrated significant personal growth and rehabilitation. Key factors in the decision included the absence of any arrests or charges for almost six years since his last misdemeanor conviction, credible evidence of rehabilitation from supervisors and coworkers, and an emphasis on his improved maturity and judgment, indicating a low likelihood of repeating past mistakes.
Why the applicant prevailed
- The applicant has not had any arrests or charges for almost six years since his last misdemeanor conviction.
- He provided credible evidence of rehabilitation, including positive testimonials from supervisors and coworkers.
- The applicant's maturity and improved judgment were emphasized, indicating he is unlikely to repeat past mistakes.
Conditions referenced
- AG ¶ 31(a)raisedPattern of Minor Offenses
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 16(c)raisedCredible Adverse Information in Several Areas
- AG ¶ 16(d)raisedCredible Adverse Information Not Covered by Other Guidelines
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
- AG ¶ 17(c)appliedMinor Offense or Unique Circumstances
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJan 18, 2017
- Answer filedMar 13, 2017Initial answer on 02/14/2017 was incomplete.
- Hearing heldAug 2, 2017
- Decision dateSep 29, 2017
Cite for
- Mitigation of Criminal Conduct Under Guideline J Due to Time Elapsed and Rehabilitation
- Consideration of Personal Conduct in Light of Overall Maturity and Judgment
- Whole-person Assessment in Security Clearance Determinations