Summary
A 51-year-old defense contractor employee was denied a security clearance due to concerns under Guideline J (Criminal Conduct) and Guideline D (Sexual Behavior), though the provided facts only detail criminal conduct. The applicant's denial stemmed from an arrest in January 2000 for larceny while on active duty with the Navy. He was charged with larceny at a base exchange, pled guilty at a captain's mast, and received non-judicial punishment in the form of a letter of reprimand.
The primary issue was the applicant's subsequent failure to disclose this larceny incident on multiple security clearance applications and to a security investigator. This repeated falsification of information raised significant concerns about his judgment and reliability.
The judge found that the applicant's actions, specifically the criminal conduct and the deliberate omissions on official forms, precluded the application of any mitigating conditions. Consequently, the security clearance was denied.
Why the applicant was denied
- The applicant was arrested for larceny while on active duty, which raised concerns under Guideline J.
- The applicant falsified information on two security clearance applications and to a security investigator, indicating a lack of judgment and reliability.
- The applicant's repeated failure to disclose his criminal conduct on multiple occasions precluded any applicable mitigating conditions.
Conditions referenced
- E2.A5.1.1appliedQuestionable Judgment, Unreliability, and Unwillingness to Comply with Rules and Regulations
- E2.A5.1.2.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A5.1.2.3appliedDeliberately Providing False or Misleading Information to an Investigator
- E2.A10.1.1raisedHistory or Pattern of Criminal Activity Creating Doubt About Judgment, Reliability, and Trustworthiness
- E2.A10.1.2.1raisedAdmission of Criminal Conduct
- E2.A10.1.2.2raisedSingle Serious Crime or Multiple Lesser Offenses
- E2.A10.1.3.1appliedThe Conduct Was Not Recent
- E2.A10.1.3.2appliedThe Conduct Was an Isolated Incident
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedJun 15, 2004Received by Applicant on June 29, 2004
- Answer filedJul 12, 2004Applicant elected to have the case decided on the written record
- Hearing held—No hearing; decided on written record
- Decision dateDec 30, 2004
Cite for
- Issues of Criminal Conduct Under Guideline J
- Falsification of Information on Security Clearance Applications Under Guideline D
- The Importance of Full Disclosure in Security Clearance Applications