Summary
A 59-year-old truck driver was denied a security clearance under Guideline J (Criminal Conduct) due to multiple felony convictions from 1971. The applicant was convicted of three counts of forgery in state court in January 1971, receiving sentences of one year and one day, two years, and five years incarceration. In the same month, he was convicted in federal court for transporting and receiving stolen goods, resulting in a three-year sentence.
Further convictions in 1971 included forging and uttering a U.S. Treasury check in March, leading to a three-year sentence, and mail fraud and aiding and abetting mail fraud in May, which resulted in a two-year sentence. The applicant attributed these non-violent offenses to youthful indiscretion, stating they involved small amounts of money used for his support and transportation as a young man.
Despite demonstrating rehabilitation and a lack of subsequent offenses, the statutory disqualification under 10 U.S.C. § 986 precluded mitigation of the security concerns raised by his past conduct. Consequently, the security clearance was denied.
Why the applicant was denied
- The applicant was convicted of multiple offenses in state and federal courts in 1971, resulting in significant prison sentences.
- The statutory disqualification imposed by 10 U.S.C. § 986 prevented the applicant from mitigating the security concerns related to his criminal conduct.
Conditions referenced
- DC 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- DC 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 One Year
- MC 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior . . . It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- MC 32(d)appliedThere Is Evidence of Successful Rehabilitation, Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity . . . (and) Good Employment Record
Key rule quoted
“The sole purpose of a security clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural posture
- SOR issuedAug 30, 2006
- Answer filedSep 11, 2006Applicant requested a decision based on the written record without a hearing.
- Hearing held—No hearing was held.
- Decision dateAug 29, 2007
Cite for
- Statutory Disqualification Under 10 U.S.C. § 986
- Impact of Multiple Felony Convictions on Security Clearance Eligibility
- Consideration of Rehabilitation in Security Clearance Determinations