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Summary

A 59-year-old assistant systems administrator was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to deliberate and deceptive conduct. The applicant was found to have engaged in misdemeanor thefts by twice charging personal purchases from a wholesaler to a former employer's account, using a false name. This conduct was considered criminal, regardless of whether formal charges were filed.

The denial was based on the applicant's pattern of dishonesty and multiple attempts to make deceptive purchases, which indicated a history of criminal conduct. The judge determined that the applicant failed to provide sufficient mitigating evidence to support claims that his actions were aberrational or that he had rehabilitated his behavior.

Disqualifying conditions E5, J1, and J2 were raised, leading to the ultimate decision to deny the security clearance.

Why the Applicant Was Denied

• The applicant engaged in a pattern of dishonesty by charging personal purchases to a former employer's account using a false name.
• The applicant attempted to make deceptive purchases multiple times, indicating a history of criminal conduct.
• The applicant failed to provide evidence that his actions were aberrational or that he had rehabilitated his behavior.

Conditions Referenced

Key Rule Quoted

“"It is difficult to see how the Board would be able to review security-clearance determinations under a preponderance of the evidence standard without departing from the 'clearly consistent with the interests of the national security' test."”

Procedural Posture

• SOR issuedSep 17, 2001
• Answer filedSep 29, 2001Notarized response to SOR.
• Hearing heldN/ADecided on a written record.
• Decision dateDec 31, 2001

Cite For

• Denial of Security Clearance Due to Pattern of Dishonesty Under Guideline E
• Criminal Conduct as a Disqualifying Factor Under Guideline J
• Insufficient Evidence of Rehabilitation or Aberrational Conduct