Summary
This case concerns a 54-year-old male applicant who was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from his 1972 convictions for armed robbery and a misdemeanor firearms offense, which were detailed in the Statement of Reasons. Although the applicant received a pardon in 1978 and has largely maintained law-abiding behavior since his parole, with only three minor brushes with the law, the serious nature of the past offenses remained a central concern.
The applicant's criminal conduct, specifically the armed robbery conviction, raised significant doubts about his judgment, reliability, and trustworthiness. Despite evidence of rehabilitation, continuous gainful employment, and the application of mitigating conditions MC 1, MC 3, and MC 6, the disqualifying condition DC 2 was also raised.
Ultimately, the clearance was denied due to the statutory prohibition under 10 U.S.C. § 986, which applies to individuals with a conviction and sentence to confinement exceeding one year for certain offenses. The judge concluded that the severity of the 1972 armed robbery conviction, coupled with this statutory bar, necessitated the denial of the security clearance.
Why the Applicant Was Denied
- The applicant's 1972 armed robbery conviction and sentence to confinement exceeding one year created a statutory prohibition under 10 U.S.C. § 986.
- The applicant's criminal conduct raised significant doubts about his judgment, reliability, and trustworthiness despite evidence of rehabilitation and a pardon.
Conditions Referenced
- DC 2appliedA Single Serious Crime or Multiple Lesser Offenses.
- MC 1appliedThe Criminal Behavior Was Not Recent.
- MC 3appliedThe Person Did Not Voluntarily Commit the Act And/or the Factors Leading to the Violation Are Not Likely to Recur.
- MC 6appliedThere Is Clear Evidence of Successful Rehabilitation.
Key Rule Quoted
“"It should be obvious that no one has a 'right' to a security clearance," and "the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedAug 8, 2002
- Answer filedAug 23, 2002
- Hearing heldNov 12, 2002
- Decision dateMar 27, 2003
Cite For
- Application of 10 U.S.C. § 986 Regarding Security Clearance Eligibility
- Impact of a Felony Conviction on Security Clearance Determinations
- Consideration of Rehabilitation and Pardons in Security Clearance Cases