Summary
A 32-year-old sales associate and former U.S. Navy member was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to serious criminal conduct. The applicant was involved in a fatal DUI accident, resulting in the death of one passenger and injuries to others. This led to multiple felony convictions, including vehicular manslaughter. He was sentenced to 22½ years, with 75 months served in prison, followed by five years of probation.
The Statement of Reasons specifically cited the applicant's involvement in the horrific accident while driving under the influence. Disqualifying conditions under both guidelines were raised, reflecting the severity of the criminal conduct and the applicant's lack of candor regarding the incident.
Despite evidence of compliance with probation and community service, and the application of some mitigating conditions, the judge determined that the applicant's current probation status and the gravity of his past actions outweighed any demonstrated rehabilitation. The security clearance was ultimately denied because the criminal conduct, including the fatal DUI and felony convictions, presented significant security concerns that were not mitigated by the applicant's current circumstances.
Why the applicant was denied
- The applicant's criminal conduct included a fatal DUI accident resulting in felony convictions, raising significant security concerns.
- The applicant is currently on probation, which reflects ongoing risk and does not support a favorable determination.
- The seriousness of the applicant's past actions and current probation status outweighed evidence of rehabilitation.
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 Charged, Formally Prosecuted or Convicted
- AG ¶ 31(d)raisedIndividual Is Currently on Parole or Probation
- AG ¶ 16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- AG ¶ 32(d)appliedEvidence of Successful RehabilitationThe applicant has complied with probation terms and engaged in community service.
- AG ¶ 17(d)rejectedAcknowledgment of Behavior and Positive Steps Taken to Alleviate StressorsWhile the applicant has shown remorse and taken steps to improve, the ongoing probation status limits full application.
- AG ¶ 17(e)rejectedPositive Steps to Reduce Vulnerability to ExploitationThe applicant's current probation status and serious past conduct preclude full application.
Key rule quoted
“"[S]ecurity clearance determinations should err, if they must, on the side of denials."”
Procedural posture
- SOR issuedJun 3, 2016
- Answer filedJun 29, 2016
- Hearing heldSep 14, 2016
- Decision dateMar 30, 2017
Cite for
- Denial of Clearance Due to Serious Criminal Conduct Under Guideline J
- Impact of Ongoing Probation on Security Clearance Eligibility
- Consideration of the Whole-person Concept in Security Clearance Determinations