Summary
A 39-year-old strength and fitness coach was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant had a history of criminal offenses, including a June 2011 arrest for driving while intoxicated, resulting in a conviction for reckless operation of a vehicle. In May 2012, he was also charged with and convicted of misdemeanor telecommunications harassment.
Additionally, while employed as a college staff member, the applicant engaged in a romantic relationship with a student client, violating college policy and leading to his termination. This material fact was not disclosed on his security questionnaire, raising further concerns about deliberate omission.
The judge determined that the applicant's multiple criminal convictions and the violation of college policy demonstrated a pattern of questionable judgment and non-compliance. The applicant's claims of rehabilitation and remorse were deemed insufficient to mitigate these security concerns, given the nature and recency of the offenses. Consequently, the security clearance application was denied.
Why the Applicant Was Denied
- The applicant had multiple criminal convictions, including driving under the influence and telecommunications harassment, which raised doubts about his judgment and reliability.
- The applicant's violation of college policy regarding a romantic relationship with a student demonstrated a pattern of questionable judgment and lack of compliance with rules and regulations.
- The applicant's claims of rehabilitation and remorse were insufficient to mitigate the security concerns, given the recency and nature of his offenses.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct - A Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedCriminal Conduct - Allegation or Admission of Criminal Conduct
- AG ¶ 16(c)raisedPersonal Conduct - Credible Adverse Information in Several Adjudicative Areas
- AG ¶ 16(d)raisedPersonal Conduct - Credible Adverse Information Not Explicitly Covered Under Any Other Guideline
- AG ¶ 16(a)raisedPersonal Conduct - Deliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 32(a)rejectedCriminal Conduct - Time Elapsed Since the Criminal BehaviorThe applicant's criminal conduct was recent and not unusual.
- AG ¶ 32(d)rejectedCriminal Conduct - Evidence of Successful RehabilitationThree years without further incidents was insufficient to demonstrate rehabilitation.
- AG ¶ 17(a)rejectedPersonal Conduct - Prompt, Good-faith Efforts to Correct the OmissionThe applicant's omission was not considered deliberate, but the overall pattern of conduct raised concerns.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 13, 2014
- Answer filedJul 2, 2014
- Hearing held—Decided on the written record.
- Decision dateAug 19, 2016
Cite For
- Evaluation of Criminal Conduct Under Guideline J
- Assessment of Personal Conduct Under Guideline E
- Consideration of the Whole-person Concept in Security Clearance Decisions.