Summary
A 39-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant had an extensive criminal history, including seven arrests and/or charges and convictions for drug-related offenses. This included three arrests for possessing cocaine and four charges for distributing cocaine.
Notably, the applicant was convicted of distributing cocaine in March 1994, resulting in over one year of incarceration. This conviction, along with other charges for distribution, triggered a disqualification under 10 U.S.C. Section 986.
Furthermore, the applicant provided false information on his September 23, 2005, security clearance application. He falsely answered "NO" to a question about felony charges and failed to list multiple cocaine-related charges and a conviction for possession of cocaine, only disclosing his distribution conviction. The judge concluded that this conduct demonstrated poor judgment and unreliability, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant had a significant criminal history, including seven arrests and convictions for drug-related offenses.
- The applicant was convicted of distribution of cocaine and served over one year in jail, triggering disqualification under 10 U.S.C. Section 986.
- The applicant provided false information on his security clearance application, failing to disclose multiple drug-related offenses.
Conditions Referenced
- J 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- J 31(c)appliedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- J 31(f)appliedConviction 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
- E 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is an acceptable security risk.”
Procedural Posture
- SOR issuedJan 5, 2007
- Answer filedJan 16, 2007Applicant elected to have the case determined on a written record.
- Hearing heldJun 11, 2007
- Decision dateJul 30, 2007
Cite For
- Disqualification Under 10 U.S.C. Section 986 Due to Criminal Conduct
- False Statements on Security Clearance Applications Under Guideline E
- Impact of Extensive Criminal History on Security Clearance Eligibility