Summary
A 60-year-old senior systems engineer was denied a security clearance primarily due to past criminal conduct. In the late 1970s, the applicant was convicted of two counts of indecent assault and battery on two minor females who were acquainted with his daughter. This history raised security concerns under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct), specifically citing disqualifying conditions J.a, J.b, J.c, D.a, and D.b.
Despite the applicant demonstrating successful rehabilitation and no recurrence of misconduct, and the application of mitigating conditions D.f and J.g, the judge determined that the past offenses resulted in a statutory disqualification. The denial was based on 10 U.S.C. § 986, which prohibits security clearance for individuals with certain felony convictions.
The decision emphasized the significant burden on the applicant to prove security worthiness given the nature of the past offenses. Ultimately, the judge found that the applicant's criminal conduct raised substantial security concerns, leading to the denial of the security clearance.
Why the applicant was denied
- The applicant was convicted of two counts of indecent assault and battery on minors, which resulted in a statutory disqualification under 10 U.S.C. § 986.
- The judge found that the applicant's past criminal conduct raised significant security concerns under Guidelines D and J.
Conditions referenced
- J.araisedAllegations or Admission of Criminal Conduct
- J.braisedA Single Serious Crime or Multiple Lesser Offenses
- J.craisedConviction in a Federal or State Court, Including a Court-martial of a Crime and Sentenced to Imprisonment for a Term Exceeding One Year
- D.araisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted
- D.braisedSexual Behavior Which Reflects Lack of Discretion or Judgment
- D.frejectedThere Is Clear Evidence of Successful RehabilitationWhile the applicant demonstrated successful rehabilitation, the statutory disqualification under 10 U.S.C. § 986 was dispositive.
- J.gappliedPotentially Disqualifying Conditions May Not Be Mitigated Unless a Waiver Is Granted
Key rule quoted
“"A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence."”
Procedural posture
- SOR issuedAug 22, 2002
- Answer filedOct 7, 2002
- Hearing heldMar 27, 2003
- Decision dateJun 30, 2003
Cite for
- Statutory Disqualification Under 10 U.S.C. § 986
- Impact of Past Criminal Conduct on Security Clearance Eligibility
- Successful Rehabilitation Does Not Negate Statutory Disqualification