Summary
This case concerns a 46-year-old logistics specialist and retired Marine Corps lieutenant colonel who applied for a security clearance. The Statement of Reasons (SOR) raised concerns under Guideline E (Personal Conduct) due to allegations that in 2007, the applicant wrongfully obtained an access badge for the U.S. Embassy in Baghdad. The SOR also noted his awareness that another individual, a former master sergeant, had helped a Lebanese contractor obtain a similar badge. These actions raised disqualifying conditions related to personal conduct.
However, the judge ultimately granted the security clearance, finding that the applicant had mitigated the security concerns. The decision highlighted several mitigating factors. The applicant took full responsibility for his actions, expressed remorse for his conduct, and cooperated fully during the investigation by providing truthful information.
Furthermore, the applicant's extensive military service and significant contributions to national security were considered favorably. These factors collectively demonstrated a level of mitigation sufficient to overcome the initial concerns regarding personal conduct, leading to the granting of the security clearance.
Why the Applicant Prevailed
- The applicant took full responsibility for his actions and expressed remorse for his conduct.
- The applicant's extensive military service and contributions to national security were considered favorably.
- The applicant cooperated fully during the investigation and provided truthful information when questioned.
Conditions Referenced
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue AreasThe applicant's conduct raised questions about his judgment and reliability.
- AG ¶ 16(d)rejectedCredible Adverse Information Not Explicitly Covered Under Any Other GuidelineThe applicant's conduct did not constitute a pattern of dishonesty or rule violations.
- AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionFalsification was not alleged.
- AG ¶ 17(c)rejectedThe Offense Is so Minor, or so Much Time Has PassedThe conduct was not considered minor.
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps TakenThe applicant acknowledged his wrongdoing and expressed remorse.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 11, 2010
- Answer filedJan 26, 2010Applicant elected to proceed without a hearing.
- Hearing held—No hearing was conducted.
- Decision dateMar 31, 2010
Cite For
- Mitigation of Personal Conduct Issues Due to Military Service
- Consideration of Applicant's Acknowledgment of Wrongdoing
- Whole-person Assessment in Security Clearance Determinations