Summary
This case involved a 37-year-old federal employee whose security clearance was reviewed under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons detailed that in approximately 1996 and 1997, the Applicant, while a federal employee, knowingly submitted several falsified travel vouchers and received reimbursement for falsified prepaid telephone card expenses, totaling $5,120.00. In 1997, the Applicant, who held a security clearance, pled guilty to one count of theft/embezzlement of United States property, a misdemeanor. This resulted in restitution, probation, and his resignation from federal employment.
Despite these disqualifying conditions, the judge found that the Applicant successfully mitigated the security concerns. The Applicant demonstrated successful rehabilitation over an eight-year period without further incidents of misconduct.
Additionally, the Applicant provided positive character references from former colleagues who acknowledged his past conduct but affirmed his current trustworthiness. The judge noted that the criminal conduct was isolated and occurred nearly a decade prior to the hearing. Based on these factors, the Applicant's security clearance was GRANTED.
Why the Applicant Prevailed
- The Applicant demonstrated successful rehabilitation over eight years without further incidents of misconduct.
- The Applicant provided evidence of positive character references from former colleagues acknowledging his past conduct and current trustworthiness.
- The Applicant's criminal conduct was isolated and occurred nearly a decade prior to the hearing.
Conditions Referenced
- E2.A5.1.2.2raisedFalsification of Material Facts
- E2.A5.1.2.4raisedConduct That Increases Vulnerability to Coercion
- E2.A5.1.2.5raisedPattern of Dishonesty or Rule Violations
- E2.A10.1.2.1raisedAdmission of Criminal Conduct
- E2.A10.1.2.2raisedCriminal Conduct Raises Doubt About Judgment
- E2.A5.1.3.2appliedThe Conduct Was Not Recent and Has Not Been Repeated
- E2.A5.1.3.5appliedPositive Steps to Reduce Vulnerability to Coercion
- E2.A10.1.3.1appliedNo Criminal Conduct Since the Incident
- E2.A10.1.3.2appliedEvidence of Rehabilitation
- E2.A10.1.3.6appliedSuccessful Rehabilitation Demonstrated by Conduct Since the Incident
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedFeb 18, 2005
- Answer filedMar 18, 2005
- Hearing heldOct 26, 2005rescheduled from 10/05/2005
- Decision dateJan 26, 2006
Cite For
- Successful Rehabilitation After Criminal Conduct Under Guideline J
- Mitigating Factors for Personal Conduct Under Guideline E
- The Impact of Time Elapsed Since Disqualifying Conduct on Security Clearance Decisions