Summary
A 37-year-old male applicant was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to an extensive criminal history and a deliberate failure to disclose past conduct. The applicant's record included multiple felony convictions and a dishonorable discharge from the military.
Specifically, the Statement of Reasons alleged that the applicant intentionally and deliberately failed to disclose all of his criminal activity on his security clearance application. This raised disqualifying conditions under both guidelines, including concerns about a pattern of criminal conduct, a history of illegal acts, and a lack of candor.
The denial was based on the applicant's significant criminal history, the intentional omission of criminal activity on his application, and insufficient evidence to support his claims of rehabilitation. The judge concluded that the applicant failed to mitigate the government's concerns regarding his trustworthiness and reliability.
Why the Applicant Was Denied
- The applicant has an extensive criminal history, including multiple felony convictions and a dishonorable discharge from the military.
- He deliberately failed to disclose significant criminal activity on his security clearance application, raising doubts about his trustworthiness and reliability.
- The applicant's claims of rehabilitation were not supported by sufficient evidence or the passage of time.
Conditions Referenced
- J31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- J31(b)appliedDischarge or Dismissal From the Armed Forces Under Dishonorable Conditions
- J31(c)appliedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- J31(d)appliedViolation of Parole or Probation, or Failure to Complete a Court-mandated Rehabilitation Program
- J31(e)appliedConviction 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 a Year
- E16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
- E16(e)appliedPersonal Conduct, or Concealment of Information About One’s Conduct, That Creates a Vulnerability to Exploitation, Manipulation, or Duress
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMar 15, 2010
- Answer filedJun 7, 2010Applicant's responses were undated.
- Hearing heldJan 6, 2011
- Decision dateJan 31, 2011
Cite For
- Extensive Criminal History as a Disqualifying Factor Under Guideline J
- Deliberate Omission of Criminal History as a Disqualifying Factor Under Guideline E
- Insufficient Evidence of Rehabilitation Despite Claims of Personal Change