Summary
A 52-year-old engineering manager, who had held a security clearance since 1988, was denied a new clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a felony arrest and subsequent misdemeanor conviction related to a violent incident involving alcohol.
In February 2013, the applicant was indicted for felony malicious wounding and misdemeanor disorderly conduct. He was held in jail for ten days. In November 2013, through a plea agreement, he pleaded guilty to misdemeanor assault and battery and disorderly conduct. He received a 12-month suspended jail sentence and five years of unsupervised probation.
The judge determined that the applicant's criminal conduct, which included a history of excessive alcohol consumption, raised significant doubts about his judgment and reliability. The applicant failed to convincingly demonstrate rehabilitation or a change in circumstances, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant's criminal conduct involved a serious incident of violence, raising doubts about his judgment and reliability.
- The applicant's history of excessive alcohol consumption contributed to the incident, indicating a potential for recurrence of untrustworthy behavior.
- The applicant failed to convincingly demonstrate rehabilitation or a change in circumstances that would mitigate the security concerns.
Conditions Referenced
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted, or Convicted
- AG ¶ 31(d)raisedIndividual Is Currently on Parole or Probation
- AG ¶ 32(a)rejectedSo 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 JudgmentThe applicant's criminal conduct was recent and he remains on probation.
- AG ¶ 32(d)rejectedThere Is Evidence of Successful RehabilitationThe applicant did not convincingly demonstrate rehabilitation or a change in circumstances.
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas That Is Not Sufficient for an Adverse Determination Under Any Other Single GuidelineThe applicant's conduct raised questions about his reliability and trustworthiness.
- AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the BehaviorThe applicant acknowledged his behavior and sought counseling, but it was insufficient to mitigate concerns.
- AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or DuressThe applicant disclosed his conduct to his employer and sought counseling.
Key Rule Quoted
“"Once a concern arises regarding an Applicant’s security clearance eligibility, there is a strong presumption against the grant or maintenance of a security clearance."”
Procedural Posture
- SOR issuedJul 30, 2015
- Answer filedAug 21, 2015
- Hearing heldNov 18, 2015
- Decision dateFeb 16, 2016
Cite For
- Denial of Security Clearance Due to Serious Criminal Conduct Under Guideline J
- Impact of Alcohol-related Incidents on Security Clearance Eligibility
- Consideration of Rehabilitation Efforts in Security Clearance Decisions Under Guideline E