Summary
A 34-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant's criminal history included a 1990 conviction for second-degree robbery and criminal possession of stolen property, resulting in a prison sentence exceeding one year. This triggered 10 U.S.C. § 986, which prohibits granting a clearance without a waiver for individuals with such sentences.
The Statement of Reasons also cited several financial and personal conduct issues. The applicant failed to disclose two arrests for unauthorized use of an automobile and a civil judgment on his SF-86. Financially, the applicant had an outstanding student loan debt of approximately $5,085, with monthly payments being made, and a $3,732 delinquent auto loan that was subsequently paid. A $91 telephone bill was also paid in full. While a $12,000 past-due child support allegation was raised, child support services refunded the applicant's money, and no evidence of an arrearage was found.
Despite some mitigating factors regarding the applicant's financial situation and personal conduct, including positive work performance, the judge found insufficient evidence of successful rehabilitation. Ultimately, the application was denied due to the prohibitive nature of 10 U.S.C. § 986 and the lack of a waiver.
Why the Applicant Was Denied
- The applicant was convicted of a serious crime and sentenced to more than one year in prison, triggering 10 U.S.C. § 986, which prohibits granting a security clearance without a waiver.
- The judge found insufficient evidence of successful rehabilitation despite the applicant's positive work performance and personal conduct.
Conditions Referenced
- J DC braisedA Single Serious Crime or Multiple Lesser Offenses.
- J DC craisedConviction in a Federal or State Court, Including a Court-martial of a Crime and Sentenced to Imprisonment for a Term Exceeding One Year.
- F DC 1raisedA History of Not Meeting Financial Obligations.
- F DC 3raisedInability or Unwillingness to Satisfy Debts.
- J MC aappliedThe Criminal Behavior Was Not Recent.
- F MC 6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts.
Key Rule Quoted
“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
Procedural Posture
- SOR issuedJun 20, 2003
- Answer filedJul 6, 2003Applicant elected to have the case decided on the written record.
- Hearing held—No hearing was held.
- Decision dateMar 26, 2004
Cite For
- Application of 10 U.S.C. § 986 Regarding Criminal Convictions and Security Clearance Eligibility
- Mitigating Factors Related to Financial Obligations and Personal Conduct
- Standards for Evaluating Criminal Conduct Under Guideline J