Summary
A 39-year-old defense contractor employee was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of problematic personal relationships and multiple criminal convictions occurring between 1993 and 1998. Disqualifying conditions cited included J1, J2, E1, E4, and E5.
The judge determined that the applicant's repeated problematic personal conduct and criminal behavior, including multiple arrests and convictions, raised significant security concerns. Although the applicant had undergone therapy and demonstrated professional competence, the judge found insufficient evidence of rehabilitation or a sustained change in behavior. This lack of demonstrated change led to doubts regarding the applicant's reliability and trustworthiness.
Furthermore, the applicant's conduct had resulted in terminations from two previous defense contractors, indicating a pattern of poor judgment. The judge concluded that these factors presented an ongoing risk of reoffending and could compromise national security, ultimately leading to the denial of the security clearance.
Why the applicant was denied
- The applicant has a history of repeated problematic personal conduct and criminal behavior, including multiple arrests and convictions.
- Despite therapy, the applicant has not demonstrated sufficient rehabilitation or a change in behavior, raising doubts about reliability and trustworthiness.
- The applicant's conduct has led to terminations from two defense contractors, indicating a pattern of poor judgment that could compromise national security.
Conditions referenced
- J1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- J2raisedA Single Serious Crime or Multiple Lesser Offenses
- E1raisedReliable, Unfavorable Information Provided by Associates, Employers, Co-workers, Neighbors, and Other Acquaintances
- E4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress
- E5raisedA Pattern of Dishonesty or Rule Violations, Including Violation of Any Written or Recorded Agreement Made Between the Individual and the Agency
Key rule quoted
“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”
Procedural posture
- SOR issuedApr 18, 2001
- Answer filedMay 10, 2001Notarized response with admissions and denials.
- Hearing heldJul 10, 2001Hearing conducted with evidence presented.
- Decision dateAug 14, 2001
Cite for
- Denial Based on a Pattern of Criminal Conduct Under Guideline J
- Insufficient Evidence of Rehabilitation Despite Therapy
- Security Concerns Arising From Personal Conduct Under Guideline E