Summary
A 48-year-old marine electrician was denied a security clearance under Guideline J (Criminal Conduct) due to a history of criminal offenses and recent marijuana use. The applicant's criminal record included a conviction for concealing merchandise, which resulted in a three-year state penitentiary sentence. Other past offenses included a trespass conviction, an arrest for marijuana possession in 1992, and an arrest for assault with a knife in 1989.
The denial was primarily based on the serious nature of the concealment conviction and the associated three-year incarceration. Furthermore, the applicant admitted to using marijuana after submitting his security clearance application, which raised additional concerns regarding his judgment and reliability.
Despite some evidence of rehabilitation, the Department of Defense was statutorily prohibited from granting a security clearance due to the applicant's three-year sentence, as outlined in 10 U.S.C. § 986. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- Applicant has a history of criminal conduct, including a conviction for concealment of merchandise resulting in a three-year sentence.
- Applicant admitted to using marijuana after completing his security clearance application, raising concerns about judgment and reliability.
- The Department of Defense is prohibited from granting a clearance due to the applicant's sentence under 10 U.S.C. § 986.
Conditions Referenced
- E2.A10.1.2.1raisedCriminal Conduct Resulting in a Conviction
- E2.A10.1.2.2raisedSerious Crime Conviction
- E2.A10.1.2.3raisedPattern of Criminal Activity
- E2.A10.1.2.4raisedRecent Criminal Conduct
- E2.A10.1.2.5raisedCriminal Conduct That Raises Doubt About Judgment
- E2.A10.1.2.6raisedCriminal Conduct That Raises Doubt About Reliability
- E2.A10.1.2.7raisedCriminal Conduct That Raises Doubt About Trustworthiness
- E2.A10.1.2.8raisedCriminal Conduct That Raises Doubt About Discretion
- E2.A10.1.2.9raisedCriminal Conduct That Raises Doubt About Sound Judgment
- E2.A10.1.2.10raisedCriminal Conduct That Raises Doubt About Ability to Abide by Regulations
- E2.A10.1.2.11raisedCriminal Conduct That Raises Doubt About Loyalty
- E2.A10.1.2.12raisedCriminal Conduct That Raises Doubt About Conflicting Allegiances
- E2.A10.1.2.13raisedCriminal Conduct That Raises Doubt About Potential for Coercion
- E2.A10.1.2.14raisedCriminal Conduct That Raises Doubt About Willingness to Abide by Regulations
- E2.A10.1.2.15raisedCriminal Conduct That Raises Doubt About Ability to Protect Classified Information
- E2.A10.1.2.16raisedCriminal Conduct That Raises Doubt About Access to Classified Information
- E2.A10.1.2.17raisedCriminal Conduct That Raises Doubt About National Security
- E2.A10.1.2.18raisedCriminal Conduct That Raises Doubt About National Interest
- E2.A10.1.2.19raisedCriminal Conduct That Raises Doubt About Security Clearance
- E2.A10.1.2.20raisedCriminal Conduct That Raises Doubt About Eligibility for Access to Classified Information
- E2.A10.1.3.1rejectedEvidence of RehabilitationAlthough the applicant appears to have turned his life around, the recent marijuana use undermines this claim.
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedJul 9, 2003
- Answer filedAug 1, 2003
- Hearing heldSep 26, 2003
- Decision dateNov 5, 2003
Cite For
- Disqualifying Conditions Related to Criminal Conduct Under Guideline J
- Impact of Recent Drug Use on Security Clearance Eligibility
- Statutory Restrictions Under 10 U.S.C. § 986 Regarding Confinement Sentences