Summary
A 46-year-old married man with a military background was denied a security clearance under Guideline J (Criminal Conduct) due to a history of domestic disputes and other criminal offenses. The Statement of Reasons detailed several incidents, including an arrest for assault and battery where charges were later dropped, a 1986 DUI resulting in a fine, AA classes, and a year of alcohol monitoring, and a 1989 misdemeanor theft charge alongside a friend.
Further incidents included a 1995 arrest for assault and battery against his girlfriend, which was later nolle prossed. In 2003, he was charged with assault and battery against his wife after an argument, but was acquitted when she refused to testify. The most recent incident occurred in August 2006, when he was arrested and charged with assault in the second degree, disorderly conduct, and trespassing after a confrontation with his wife. He pleaded guilty to disorderly conduct and trespassing, served 18 months of probation, and the assault charge was dismissed.
Despite his military service and recent enrollment in anger management therapy, the judge found insufficient evidence of rehabilitation. The denial was based on a pattern of criminal conduct, the recency of the most recent offense, and minimal evidence regarding the current status of his marital relationship, raising ongoing concerns about his judgment and reliability.
Why the applicant was denied
- The applicant has a pattern of criminal conduct that raises questions about his security clearance-worthiness.
- The most recent offense occurred shortly before the hearing, indicating ongoing issues with anger management.
- Minimal evidence was provided regarding the current status of the applicant's marital relationship.
Conditions referenced
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 31(d)rejectedEvidence of Successful RehabilitationAlthough the applicant enrolled in anger management therapy, it was too recent to demonstrate effective rehabilitation.
- AG ¶ 31(d)appliedEvidence of Successful RehabilitationThe applicant's enrollment in anger management therapy was noted, but not sufficient to mitigate security concerns.
Key rule quoted
“Criminal activity creates doubt about a person’s judgment, reliability, and trustworthiness and by its very nature, . . . calls into question a person’s ability to abide by laws, rules, and regulations.”
Procedural posture
- SOR issuedApr 21, 2008
- Answer filedMay 22, 2008
- Hearing heldAug 18, 2008
- Decision dateSep 12, 2008
Cite for
- Pattern of Criminal Conduct Under Guideline J
- Insufficient Evidence of Rehabilitation Despite Enrollment in Therapy
- Impact of Domestic Disputes on Security Clearance Eligibility