Summary
A 49-year-old over-the-road truck driver for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons detailed a history of criminal offenses, beginning in January 1975 with a larceny conviction, followed by an arrest for simple assault in February 1975. The applicant was also convicted of felony possession of marijuana over four ounces.
Further incidents included an arrest for theft by check in 1982 and an arrest for carrying a prohibited weapon. In 1985, the applicant was convicted of aggravated assault and sentenced to 10 years in prison. In 1986, he was charged with illegal possession of amphetamine, and later faced a capias for failing to report to his probation officer and to pay court costs, probation fees, and restitution. Additionally, the applicant deliberately falsified his Security Clearance Application by omitting his 1975 felony conviction for possession of marijuana.
Despite the applicant demonstrating rehabilitation and a good employment record, the judge denied the security clearance. The denial was based on the statutory disqualification under 10 U.S.C. § 986, specifically due to the length of his sentences: four years for possession of marijuana and ten years for aggravated assault. The judge concluded that the applicant's criminal history raised significant concerns about his judgment and reliability.
Why the Applicant Was Denied
- The applicant was sentenced to four years in jail for possession of marijuana and ten years in jail for aggravated assault, disqualifying him from a security clearance under 10 U.S.C. § 986.
- The judge found that the applicant's criminal history raised significant concerns about his judgment and reliability.
Conditions Referenced
- E2.A10.1.2.1raisedHistory or Pattern of Criminal Activity
- E2.A10.1.2.2raisedSerious Offenses
- E2.A10.1.3.1notedRecent Criminal Behavior
- E2.A10.1.3.6notedSuccessful Rehabilitation
- E2.A5.1.1raisedQuestionable Judgment, Untrustworthiness, Unreliability
- E2.A10.1.3.1appliedRecent Criminal Behavior
- E2.A10.1.3.6appliedSuccessful Rehabilitation
- E2.A5.1.1rejectedQuestionable Judgment, Untrustworthiness, UnreliabilityThe judge found the failure to disclose a conviction was an oversight, not deliberate.
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedMar 3, 2003
- Answer filedMar 22, 2003
- Hearing heldApr 5, 2004originally scheduled for December 18, 2003, but canceled due to a conflict with counsel's schedule.
- Decision dateJun 10, 2004
Cite For
- Disqualification Under 10 U.S.C. § 986 Due to Felony Convictions
- Mitigation of Personal Conduct Concerns Based on Oversight Rather Than Intent
- Successful Rehabilitation as a Factor in Security Clearance Determinations.