Summary
A 47-year-old program manager for a defense contractor, employed since 1989, was denied a security clearance under Guideline J (Criminal Conduct). The denial stemmed from past criminal conduct involving cocaine and marijuana distribution while the applicant was on active duty in the Air Force.
Specifically, the applicant was convicted by both state authorities and a general court-martial for using cocaine and distributing cocaine and marijuana. On or about November 4, 1986, the applicant was arrested by Arizona police for possession and sale of narcotics, found guilty, and sentenced to four years in prison. The applicant served approximately seven months for the state conviction and 18 months for the military conviction.
Despite demonstrating rehabilitation and maintaining a clean record for over 20 years, the judge determined that the statutory provisions of 10 U.S.C. § 986 precluded clearance eligibility. This statute disqualifies individuals sentenced to over one year of imprisonment, which applied in this case due to the combined prison time served. The security clearance was therefore denied.
Why the applicant was denied
- Applicant was convicted of serious drug offenses, including distribution of cocaine and marijuana, resulting in significant prison time.
- The provisions of 10 U.S.C. § 986 apply, which disqualify individuals sentenced to over one year of imprisonment from receiving a security clearance.
Conditions referenced
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Prosecuted or Convicted
- AG ¶ 31(f)raisedConviction in a Federal or State Court, Including a Court-martial of a Crime, Sentenced to Imprisonment for a Term Exceeding One Year and Incarcerated as a Result of That Sentence for Not Less Than a Year
- AG ¶ 32(a)appliedSo 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 Judgment
- AG ¶ 32(d)appliedThere Is Evidence of Successful Rehabilitation; Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity, Remorse or Restitution, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement
Key rule quoted
“[N]o one has a ‘right’ to a security clearance.”
Procedural posture
- SOR issuedFeb 22, 2007
- Answer filedMar 12, 2007
- Hearing heldMay 10, 2007
- Decision dateJul 31, 2007
Cite for
- Application of 10 U.S.C. § 986 in Security Clearance Determinations
- Impact of Serious Criminal Conduct on Security Clearance Eligibility
- Consideration of Rehabilitation in the Context of Statutory Disqualifications