Summary
A 58-year-old former corrections officer sought Common Access Card (CAC) eligibility following his departure from the Kentucky Department of Juvenile Justice (DJJ) under a mutual agreement. His departure stemmed from allegations of misconduct, specifically negligence in employment, and his involvement in an extramarital affair, which he did not deny. These issues raised concerns under Guideline E (Personal Conduct).
The judge determined that the applicant's actions were isolated incidents that occurred nearly two years prior to the decision. The applicant fully disclosed his employment issues in his Declaration for Federal Employment and cooperated with the investigation.
Ultimately, the judge found that the applicant's past conduct did not pose an unacceptable security risk. This decision was based on his long and unblemished career, which included 20 years in the military and 27 years in corrections, and his full disclosure. Consequently, CAC eligibility was GRANTED.
Why the Applicant Prevailed
- The applicant's misconduct was deemed an isolated incident that occurred nearly two years prior.
- He fully disclosed his employment issues in his Declaration for Federal Employment and cooperated with the investigation.
- The applicant had a long, unblemished career in public service, including 20 years in the military and 27 years in corrections.
Conditions Referenced
- 1.b.(1)raisedMisconduct or Negligence in EmploymentThe Government established this disqualifying condition through Applicant’s admissions and evidence presented as a result of his resignation under pressure from DJJ.
- 1.c.(1)appliedBehavior Unlikely to RecurThe judge found that the behavior was minor and unlikely to recur, not casting doubt on the applicant's current trustworthiness.
Key Rule Quoted
“A CAC will not be issued to a person if there is a reasonable basis to believe, based on the individual’s misconduct or negligence in employment, that issuance of a CAC poses an unacceptable risk.”
Procedural Posture
- SOR issuedMay 12, 2017
- Answer filedJun 9, 2017
- Hearing heldSep 26, 2017
- Decision dateNov 30, 2017
Cite For
- Isolated Incident of Misconduct Under Guideline A
- Full Disclosure During the Application Process Under Guideline B
- Consideration of Long-term Service and Character References in CAC Eligibility Decisions Under Guideline C