Summary
A 40-year-old principal system analyst was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The denial stemmed from a history of criminal conduct, specifically multiple domestic violence incidents.
The allegations included an incident on April 19, 1997, where the applicant struck his wife, causing her to lose two teeth. An Order of Protection from Abuse was issued against him on June 8, 1999, lasting until July 25, 2000. He was also involved in a Public Peace - Harassment (Domestic Violence) 3rd Degree incident and had a Restraining Order issued on February 8, 2002. Additionally, on June 1, 2001, he was arrested for 3rd degree domestic violence following an altercation with his third wife, and admitted to an alcohol-related incident over fifteen years prior.
Despite completing a domestic violence program and demonstrating good job performance, the applicant's clearance was denied. The decision cited his minimization of culpability for past criminal behavior, failure to accept full responsibility for his actions, and lack of clear evidence of successful rehabilitation. These factors raised significant security concerns regarding his judgment and reliability.
Why the applicant was denied
- The applicant minimized his culpability for past criminal behavior.
- The applicant failed to demonstrate clear evidence of successful rehabilitation.
- The applicant's criminal conduct raised significant security concerns regarding his judgment and reliability.
Conditions referenced
- E2.A10.1.2.2raisedCriminal Conduct
- E2.A10.1.3.1rejectedNot Recent Criminal BehaviorThe criminal behavior occurred within the last three years.
- E2.A10.1.3.2rejectedIsolated IncidentThe applicant committed multiple offenses within a five-year period.
- E2.A10.1.3.3rejectedCoercion or PressureThere was no evidence that the applicant was coerced into committing the offenses.
- E2.A10.1.3.4rejectedNot Voluntary ConductThe applicant's statements reflected a continued effort to minimize his culpability.
- E2.A10.1.3.6rejectedSuccessful RehabilitationThe applicant did not accept full responsibility for his conduct.
Key rule quoted
“A history of criminal activity raises security concerns regarding a person's judgment, reliability and trustworthiness.”
Procedural posture
- SOR issuedAug 11, 2004
- Answer filedSep 1, 2004
- Hearing heldMar 16, 2005
- Decision dateDec 8, 2005
Cite for
- Minimization of Culpability in Domestic Violence Cases Under Guideline J
- Impact of Criminal History on Security Clearance Eligibility
- Requirements for Demonstrating Successful Rehabilitation in Security Clearance Cases