Summary
A 26-year-old electronic machine helper was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant's history included an unauthorized absence from the Marine Corps from October 1999 to June 2001, which resulted in a court martial, 45 days of hard labor without confinement, and a reduction in rank to E-1.
Additionally, in March 2002, the applicant was charged with illegal drug use under the UCMJ. This led to non-judicial punishment, including 45 days of extra duty, forfeiture of $511.00 in pay, and subsequent administrative separation from the Marine Corps under less than honorable conditions. These allegations were incorporated under both Guideline E and Guideline J.
While the applicant demonstrated progress in avoiding drug use since his 2002 arrest, the judge determined that the seriousness and relative recency of the offenses, particularly the 18-month unauthorized absence and the illegal drug use, required more time to assess the applicant's reliability and trustworthiness. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant had a history of unauthorized absence for over 18 months, resulting in a court martial.
- The applicant tested positive for illegal drugs and received non-judicial punishment, leading to administrative separation under less than honorable conditions.
- The seriousness and relative recency of the applicant's offenses warranted a denial of the security clearance.
Conditions Referenced
- DC 1raisedAllegations or Admission of Criminal Conduct
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
- DC 5raisedA Pattern of Dishonesty or Rule Violations
- MC 1appliedThe Criminal Behavior Was Not Recent
- MC 5appliedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress
- MC 6appliedThere Is Clear Evidence of Successful Rehabilitation
Key Rule Quoted
“The required showing of material bearing, however, does not require the Government to affirmatively demonstrate that the applicant has actually mishandled or abused classified information before it can deny or revoke a security clearance.”
Procedural Posture
- SOR issuedNov 7, 2003
- Answer filedDec 9, 2003Applicant elected to have the case decided on the written record.
- Hearing heldMar 24, 2004
- Decision dateJun 29, 2004
Cite For
- Denial Based on History of Unauthorized Absence and Drug Use Under Guideline J
- Consideration of Recency and Seriousness of Criminal Conduct in Security Clearance Decisions
- Impact of Administrative Separation Under Less Than Honorable Conditions on Security Clearance Eligibility