Summary
A 43-year-old defense contractor and former Army sergeant was denied a security clearance under Guideline J (Criminal Conduct) due to a history of criminal behavior. The Statement of Reasons detailed three specific incidents. In 1998, while serving as a staff sergeant, the applicant tested positive for cocaine during a random urinalysis, leading to nonjudicial punishment under Article 15, UCMJ, and a reduction in pay grade from E6 to E5.
In 2003, while deployed in Iraq and married, the applicant engaged in a sexual relationship with another soldier. This resulted in a second Article 15 punishment for adultery, an offense under military law, and a further reduction in pay grade from E5 to E4. Subsequently, in 2005, state law enforcement arrested the applicant for money laundering, accusing him of laundering $1,200 in drug money. A state grand jury indicted him for conspiracy to commit money laundering, and the case was conditionally retired from the court's docket in August 2007, contingent on his good behavior for one year.
Despite evidence of good job performance and character references, the judge found that the applicant's criminal history, including drug use and adultery, raised significant doubts about his judgment and trustworthiness. The conditional retirement of the state criminal case further indicated ongoing concerns about his behavior. Ultimately, the applicant did not present sufficient evidence to mitigate the security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant's history of criminal conduct, including drug use and adultery, raised doubts about his judgment and reliability.
- The conditional retirement of the state criminal case indicated ongoing concerns about the applicant's behavior.
- The applicant did not present sufficient evidence to mitigate the security concerns raised by his criminal history.
Conditions Referenced
- DC 1raisedA Single Serious Crime or Multiple Lesser Offenses
- DC 3raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- MC 1appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good JudgmentThe applicant is no longer on active military duty and the incidents involved his wife, suggesting similar incidents are unlikely to recur.
- MC 3appliedEvidence That the Person Did Not Commit the OffenseThe applicant maintained his innocence regarding the money laundering charge, and the case was retired with the district attorney's consent.
- MC 4appliedEvidence of Successful RehabilitationThe applicant had a good employment record and no further incidents of criminal conduct since his arrest in 2005.
Key Rule Quoted
“No one has a right to a security clearance.”
Procedural Posture
- SOR issuedOct 1, 2007
- Answer filedOct 17, 2007
- Hearing heldFeb 7, 2008
- Decision dateMar 24, 2008
Cite For
- Denial of Security Clearance Based on Criminal Conduct Under Guideline J
- Impact of Conditional Retirement of Criminal Cases on Security Clearance Eligibility
- Consideration of Military Service in the Context of Criminal Conduct for Security Clearance Decisions