Summary
A 52-year-old defense contractor employee, with 26 years of service, was denied a security clearance. The denial was based on Guideline E (Personal Conduct) and Guideline J (Criminal Conduct), primarily due to a 1975 felony conviction for grand larceny that the applicant failed to disclose on his security clearance application.
The Statement of Reasons detailed that the applicant was convicted of grand larceny in 1975, sentenced to three years in jail, and served four months. He deliberately omitted this conviction from his 2002 security clearance application, answering "no" to Question 21 regarding felony offenses. This omission constituted a deliberate falsification of relevant facts on a personnel security questionnaire.
While the applicant mitigated the concern related to the criminal conduct itself, he did not mitigate the personal conduct concern stemming from his failure to disclose the conviction. The denial was further supported by the applicant's lack of credible explanations and supporting evidence regarding his conviction and discharge from the Marines. Additionally, the conviction fell under the Smith Amendment, which precludes granting a security clearance for individuals sentenced to more than one year.
Why the Applicant Was Denied
- The applicant failed to disclose a felony conviction on his security clearance application, violating 18 U.S.C. § 1001.
- The applicant's explanations regarding his conviction and discharge from the Marines were not credible and lacked supporting evidence.
- The applicant's conviction fell under the Smith Amendment, which precludes granting a security clearance for those sentenced to more than one year.
Conditions Referenced
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, Falsification or Misrepresentation of Relevant and Material Facts
- E2.A10.1.3.1rejectedThe Criminal Behavior Was Not RecentThe applicant's deliberate falsification of his SCA precluded application of this condition.
- E2.A10.1.3.6rejectedThere Is Clear Evidence of Successful RehabilitationThe applicant's deliberate falsification of his SCA precluded application of this condition.
- E2.A5.1.3.2rejectedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information VoluntarilyThe applicant's actions were not isolated and involved a deliberate omission.
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedOct 22, 2003
- Answer filedNov 18, 2003Applicant requested a hearing.
- Hearing heldApr 13, 2004Hearing convened after rescheduling.
- Decision dateAug 11, 2004
Cite For
- Failure to Disclose Felony Conviction Under Guideline E
- Deliberate Omission as a Disqualifying Condition Under Guideline J
- Smith Amendment Applicability Regarding Felony Convictions