Summary
A 51-year-old defense contractor and retired Army Staff Sergeant was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant's history included multiple instances of shoplifting, dating from December 1983 to August 2005, involving items such as key rings, wallets, a watch, and a bottle of alcohol from post exchanges. Additionally, he was charged with driving while intoxicated in October 1993 and fled the scene of an accident in December 1990.
The applicant also faced allegations of falsifying information on security clearance applications submitted in August 2000 and December 2009. He further provided false information to a Department of Defense investigator in April 2010. These falsification allegations were cross-alleged under Guideline J as violations of 18 U.S.C. § 1001.
Despite the application of some mitigating conditions, the judge found that the applicant's admitted pattern of criminal behavior and dishonesty raised significant doubts about his reliability and trustworthiness. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant admitted to multiple instances of shoplifting and provided false information on security clearance applications.
- The applicant's history of criminal conduct and dishonesty raised significant doubts about his reliability and trustworthiness.
Conditions Referenced
- J 31(a)raisedCriminal Conduct - a Single Serious Crime or Multiple Lesser Offenses
- J 31(c)raisedCriminal Conduct - Allegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- E 15raisedPersonal Conduct - Conduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- J 32(a)appliedCriminal Conduct - so 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
- J 32(d)rejectedCriminal Conduct - Evidence of Successful RehabilitationThe applicant's pattern of shoplifting and falsification offenses indicated ongoing issues with reliability and trustworthiness.
- E 16notedPersonal Conduct - the Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 3, 2011
- Answer filedNov 7, 2011Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateJan 20, 2012
Cite For
- Denial of Security Clearance Due to Pattern of Criminal Conduct Under Guideline J
- Impact of Falsification on Security Clearance Eligibility Under Guideline E
- Consideration of Long-term Criminal Behavior in Security Clearance Decisions