Summary
A 68-year-old former Air Force major was granted a security clearance despite a 1983 conviction for voluntary manslaughter. The applicant had been charged with murder in 1982 for killing his brother-in-law during a custody dispute. He was subsequently convicted of voluntary manslaughter in October 1983 and sentenced to 15 years of confinement. This serious criminal conduct raised concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct), specifically Disqualifying Condition 31(a).
However, the decision highlighted significant mitigating factors. The applicant demonstrated successful rehabilitation following his release from confinement, pursuing further education and maintaining stable employment. He built a commendable career in public service, holding positions that previously required high-level security clearances.
Ultimately, the applicant's criminal conduct was considered an aberration in an otherwise honorable life. Mitigating Conditions 32(a) and 32(c) were applied, leading to the determination that the security risk was sufficiently mitigated. The security clearance was GRANTED.
Why the applicant prevailed
- The applicant demonstrated successful rehabilitation through education and stable employment after his release from confinement.
- He maintained a commendable career in public service, including positions requiring high-level security clearances.
- The applicant's criminal conduct was deemed an aberration in an otherwise honorable life.
Conditions referenced
- DC 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- MC 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- MC 32(c)appliedThere Is Evidence of Successful Rehabilitation; Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity, Remorse or Restitution, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement
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 issuedOct 29, 2010
- Answer filedDec 20, 2010
- Hearing heldJun 6, 2011Applicant requested hearing location change.
- Decision dateJul 22, 2011
Cite for
- Successful Rehabilitation After a Serious Criminal Conviction
- Consideration of Time Elapsed Since Criminal Conduct
- Impact of Prior Military Service on Security Clearance Eligibility