Summary
A 55-year-old marketing vice president for a defense contractor was denied a security clearance under Guideline J (Criminal Conduct) due to a felony conviction for sexual abuse of his two daughters. The Statement of Reasons detailed that in 1991, the applicant was convicted of felony sexual child abuse and sentenced to imprisonment. These acts occurred over a ten-year period when the girls were teens and pre-teens, and the applicant was on active duty in the U.S. Army at the time.
The judge determined that the applicant's criminal conduct and conviction disqualified him from holding a DoD security clearance, citing statutory provisions of 10 U.S.C. 986. Disqualifying conditions J.1, J.2, and J.3 were raised.
While mitigating conditions J.1 and J.6 were considered, the judge found that the severity and lengthy duration of the applicant's criminal conduct demonstrated a significant lack of judgment and trustworthiness. Although there was evidence of rehabilitation, it did not outweigh the seriousness of his past actions, and a waiver under 10 U.S.C. 986 was not recommended. Consequently, the security clearance was denied.
Why the applicant was denied
- The applicant was convicted of felony sexual abuse of his two daughters, which disqualified him from holding a security clearance under 10 U.S.C. 986.
- The applicant's criminal conduct was serious and occurred over a lengthy period, demonstrating a lack of judgment and trustworthiness.
- The judge found that while there was evidence of rehabilitation, it did not outweigh the severity of the applicant's past actions.
Conditions referenced
- J.1appliedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- J.2appliedA Single Serious Crime or Multiple Lesser Offenses
- J.3appliedConviction in a Federal or State Court, Including a Court-martial, and Sentenced to Imprisonment for a Term Exceeding One Year
- J.1appliedThe Criminal Conduct Was Not Recent
- J.6rejectedThere Is Clear Evidence of Successful RehabilitationThe applicant's lengthy history of criminal conduct and the nature of the offenses did not support a finding of successful rehabilitation.
Key rule quoted
“Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security.”
Procedural posture
- SOR issuedDec 10, 2001
- Answer filedDec 28, 2001Notarized response submitted by applicant.
- Hearing held—Applicant elected to have the case decided on the written record.
- Decision dateAug 15, 2002
Cite for
- Application of 10 U.S.C. 986 Regarding Security Clearance Denials for Felony Convictions
- Consideration of the Whole Person Concept in Security Clearance Evaluations
- Impact of Serious Criminal Conduct on Security Clearance Eligibility Under Guideline J.