Summary
A 49-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of felony convictions and deliberate falsifications on his Security Clearance Application (SCA).
The applicant's criminal record included multiple felony charges and convictions for burglary, robbery, and possession of a firearm by an ex-felon, dating from 1971 to 1985. Specifically, he was charged with burglary in 1971, found guilty of burglary in 1972, charged with another burglary in 1974, found guilty of two felony counts of burglary in 1975, charged with another burglary in 1978, found guilty of robbery and possession of a firearm by an ex-felon in 1979, charged with robbery with use of a firearm in 1980, charged with possession of a firearm with a prior felony conviction and brandishing a firearm in 1985, and found guilty of two felony counts of robbery in an inhabited dwelling in 1985.
The Administrative Judge found that the applicant knowingly and willfully failed to disclose any of his past felony charges or convictions when answering question 21 on his December 1999 SCA. He also knowingly and willfully failed to disclose any of his past firearm charges or convictions when answering question 22 on the same SCA. The judge concluded that the applicant's lack of candor regarding his criminal history and firearm offenses, coupled with a clear pattern of criminal conduct, was significant enough to warrant the denial of his security clearance.
Why the Applicant Was Denied
- The Applicant was less than candid in answering questions on his Security Clearance Application regarding felony and firearms offenses.
- The Applicant has a history of multiple felony convictions, including serious crimes such as robbery and burglary.
- The Applicant's recent falsifications were deemed significant and indicative of a lack of trustworthiness.
Conditions Referenced
- J2raisedA Single Serious Crime or Multiple Lesser Offenses
- J3raisedConviction in a Federal or State Court of a Crime and Sentence to Imprisonment for a Term Exceeding One Year
- E2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
Key Rule Quoted
“[each clearance decision must be a fair and impartial common sense determination based upon consideration of all the relevant and material information and the pertinent criteria and adjudication policy in enclosure 2]”
Procedural Posture
- SOR issuedAug 26, 2002
- Answer filedSep 17, 2002
- Hearing heldN/ADetermined on a written record
- Decision dateApr 22, 2003
Cite For
- Lack of Candor in Security Clearance Applications Under Guideline E
- Impact of Felony Convictions on Security Clearance Eligibility Under Guideline J
- Significance of Recent Falsifications in Security Clearance Determinations