Summary
A 42-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant has a history of criminal conduct, including a 2000 conviction for negligent manslaughter, which resulted in over a year of incarceration. He remains on probation for this conviction.
Following his release from jail, the applicant accumulated substantial delinquent debt, indicating an inability to consistently meet financial obligations. While one debt to an attorney was eventually paid in full, other financial concerns were not sufficiently mitigated.
Ultimately, the denial was based on the unmitigated security concerns related to both the criminal conduct and financial issues. Specifically, 10 U.S.C. § 986(c)(1) prohibits the Department of Defense from granting a security clearance to individuals convicted of a crime and sentenced to more than one year in jail, which applied in this case.
Why the Applicant Was Denied
- Applicant was convicted of negligent manslaughter and served more than a year in jail, which raises significant security concerns.
- Applicant has not sufficiently mitigated his financial obligations, including substantial delinquent debts.
- Under 10 U.S.C. § 986(c)(1), the Department of Defense is prohibited from granting a security clearance to anyone convicted of a crime and sentenced to more than one year in jail.
Conditions Referenced
- CC DC 31(a)appliedCriminal Conduct
- CC DC 31(c)appliedCriminal Conduct
- CC DC 31(d)appliedCriminal Conduct
- CC DC 31(f)appliedCriminal Conduct
- FC DC 19(a)appliedFinancial Considerations
- FC DC 19(c)appliedFinancial Considerations
- PC MC 17(c)appliedPersonal Conduct
- PC MC 17(d)appliedPersonal Conduct
- PC MC 17(e)appliedPersonal Conduct
- FC MC 20(d)rejectedFinancial ConsiderationsApplicant did not establish a sufficient history of financial responsibility.
- CC MC 32(a)rejectedCriminal ConductThe crime was serious and resulted in loss of life.
- CC MC 32(d)rejectedCriminal ConductWhile there is evidence of compliance with probation, the seriousness of the crime limits the application of this condition.
Key Rule Quoted
“Under 10 U.S.C. § 986(c)(1), the Department of Defense may not grant or continue a security clearance to one who was convicted of a crime, sentenced to more than one year in jail, and actually served at least one year of incarceration.”
Procedural Posture
- SOR issuedDec 29, 2006
- Answer filedFeb 1, 2007
- Hearing heldApr 5, 2007
- Decision dateMay 3, 2007
Cite For
- Application of 10 U.S.C. § 986(c)(1) Regarding Security Clearance Denials Due to Criminal Convictions
- Consideration of Financial Obligations as a Disqualifying Factor Under Guideline F
- Impact of Serious Criminal Conduct on Security Clearance Eligibility Under Guideline J