Summary
A 32-year-old materials engineer employed by a defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons cited a February 2001 arrest for forgery related to a fake twenty-dollar bill, which the applicant did not knowingly pass. Additional concerns included having unprotected sensitive documents on his computer in August 2002, emailing a friend about automatic weapons, and passing a Viagra tablet to a friend without a prescription in July 2003. The applicant also failed to disclose a July 2003 police search of his apartment, which was related to an acquaintance under investigation.
The judge determined that the applicant did not knowingly pass the forged bill, noting he remained at the bar for hours afterward. The criminal charges were dropped, and the incident occurred over five years prior to the hearing, indicating it was not recent.
Ultimately, the judge found that the applicant's personal conduct incidents were isolated, not indicative of a pattern of poor judgment, and that he demonstrated a willingness to correct mistakes. These factors mitigated the initial concerns, leading to the granting of the security clearance.
Why the Applicant Prevailed
- The applicant did not knowingly pass a forged bill, as he remained at the bar for hours after the incident without fleeing.
- The criminal charges were dropped, and the incident occurred over five years prior to the hearing, indicating it was not recent.
- The applicant's personal conduct incidents were isolated, not indicative of a pattern of poor judgment, and he demonstrated a willingness to correct mistakes.
Conditions Referenced
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
- E2.A10.1.3.4appliedThe Person Did Not Voluntarily Commit the Act And/or the Factors Leading to the Violation Are Not Likely to Recur
- E2.A10.1.3.3appliedThe Offense Is an Isolated Incident
Key Rule Quoted
“The presence or absence of a particular condition or factor for or against clearance is not determinative of a conclusion for or against an applicant.”
Procedural Posture
- SOR issuedFeb 9, 2006
- Answer filedMar 3, 2006Applicant requested a hearing.
- Hearing heldOct 20, 2006
- Decision dateJan 18, 2007
Cite For
- Mitigation of Criminal Conduct Under Guideline J Due to Lack of Knowledge and Recency
- Consideration of Isolated Personal Conduct Incidents Under Guideline E
- Whole Person Analysis in Security Clearance Determinations.