Summary
This case concerns a 53-year-old applicant seeking to retain a security clearance, which was ultimately denied under Guideline J (Criminal Conduct). The denial stemmed from a 1974 conviction for possession of marijuana with intent to distribute, for which the applicant received a prison sentence of two to five years. This criminal conduct raised security concerns due to the nature and seriousness of the offense and the length of the sentence.
Despite the applicant demonstrating successful rehabilitation and no subsequent criminal conduct for 28 years, the application of 10 U.S.C. 986 proved to be the decisive factor. This statute disqualifies individuals convicted of a crime and sentenced to imprisonment for a term exceeding one year.
The judge acknowledged the evidence of rehabilitation and recommended a waiver for 10 U.S.C. 986, but the statutory mandate of 10 U.S.C. 986 precluded granting the security clearance. Therefore, the clearance was denied.
Why the Applicant Was Denied
- The applicant was convicted of a crime and sentenced to imprisonment for a term exceeding one year, which disqualifies him under 10 U.S.C. 986.
- The judge found that despite evidence of rehabilitation, the statutory mandate of 10 U.S.C. 986 precluded granting a security clearance.
Conditions Referenced
- E2.A10.1.2.1raisedCriminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A10.1.2.3raisedConviction in a Federal or State Court, Including a Court-martial of a Crime and Sentenced to Imprisonment for a Term Exceeding One Year
- E2.A10.1.3.1rejectedThe Criminal Behavior Was Not RecentThe judge acknowledged the long time since the criminal conduct but found it insufficient due to the statutory disqualification.
- E2.A10.1.3.2rejectedThe Crime Was an Isolated IncidentThe judge recognized the isolated nature of the crime but deemed it irrelevant under 10 U.S.C. 986.
- E2.A10.1.3.6rejectedThere Is Clear Evidence of Successful RehabilitationWhile the applicant demonstrated rehabilitation, the statutory disqualification took precedence.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 30, 2001
- Answer filedSep 18, 2001Applicant elected to have the case decided on the written record.
- Hearing held—No hearing was held.
- Decision dateDec 26, 2001
Cite For
- Application of 10 U.S.C. 986 as a Disqualifying Factor for Security Clearance
- Impact of Prior Criminal Conduct on Security Clearance Eligibility
- Consideration of Rehabilitation in the Context of Statutory Disqualifications