Summary
A 48-year-old aircraft mechanic was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to a history of criminal conduct and significant omissions on his application. The applicant was found to have falsified material facts by failing to list all felony offenses and denying any charges or convictions related to alcohol or drugs.
The applicant's criminal history included convictions for possession of a firearm by a felon and possessing/manufacturing/selling a dangerous weapon in August 1997, and multiple instances of inflicting corporal injury on a spouse in March 1990 and June 1989. Other convictions included burglary and grand theft in May 1990, drunk driving in April 1986 and October 2005, and a June 1982 burglary conviction in February 1984. Additionally, the applicant was convicted of grand theft auto following an April 1980 arrest, and speeding and DUI following a July 1978 arrest. Arrests for falsely reporting a crime in August 1981, vandalism in March 1981, and marijuana use and destroying evidence by military police in 1977 were also noted.
The judge determined that the applicant's extensive criminal record, coupled with the failure to disclose these offenses on his security clearance application, raised serious concerns about his judgment and reliability. The applicant did not provide sufficient evidence of rehabilitation or mitigating circumstances to overcome these disqualifying factors, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had a lengthy history of criminal conduct, including multiple DUI offenses and domestic violence.
- The applicant failed to disclose all felony convictions and alcohol-related offenses on his security clearance application.
- The applicant did not demonstrate clear evidence of rehabilitation or that the factors leading to his criminal conduct were unlikely to recur.
Conditions Referenced
- E2.A10.1.2.1raisedCriminal Conduct
- E2.A10.1.2.2raisedSerious Crime
- E2.A5.1.2.2raisedFalsification of Application
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural Posture
- SOR issuedApr 14, 2004
- Answer filedMay 20, 2004Applicant elected to have the case decided on the written record.
- Hearing held—No hearing was held.
- Decision dateSep 15, 2005
Cite For
- Failure to Disclose Criminal History on Security Clearance Application Under Guideline E
- Impact of a Lengthy Criminal History on Security Clearance Eligibility Under Guideline J
- Requirements for Demonstrating Rehabilitation in Security Clearance Cases.