Summary
A 23-year-old health insurance claims processor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons cited two criminal infractions: an arrest, charge, and sentencing, specifically a guilty plea in early 2005 for Operating a Motor Vehicle While Intoxicated (OWI). Additionally, the applicant was alleged to have deliberately falsified material facts on his SF-85P by failing to list an arrest for retail theft.
Disqualifying conditions were raised under both guidelines. However, the judge applied several mitigating conditions, noting the applicant's significant personal growth and maturity since the incidents. The applicant expressed genuine contrition for past actions and a commitment to avoid future misconduct.
The OWI incident was specifically mitigated by the applicant's strong response and intent to abstain from drinking and driving. Ultimately, the judge determined that the applicant posed no unacceptable risk, leading to the security clearance being granted.
Why the Applicant Prevailed
- The applicant demonstrated significant personal growth and maturity since the incidents.
- He expressed genuine contrition for his past actions and a commitment to avoid future misconduct.
- The OWI incident was mitigated by the applicant's strong response and intent to abstain from drinking and driving.
Conditions Referenced
- CC DC 1raisedAny Conduct, Regardless of Whether the Person Was Formally Charged
- CC DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
- CC MC 1appliedThe Behavior Was Not Recent
- CC MC 3appliedThe Person Was Pressured or Coerced Into Committing the Act and Those Pressures Are No Longer Present in That Person's Life
- CC MC 4appliedThe Person Did Not Voluntarily Commit the Act And/or the Factors Leading to the Violation Are Not Likely to Recur
- CC MC 5appliedThere Is Clear Evidence of Successful Rehabilitation
Key Rule Quoted
“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person's loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
Procedural Posture
- SOR issuedJun 7, 2006
- Answer filedJun 22, 2006Notarized answer with explanations provided.
- Hearing held—Applicant waived his right to a hearing.
- Decision dateSep 29, 2006
Cite For
- Mitigation of Past Juvenile Conduct Under Guideline J
- Consideration of Personal Growth and Maturity in Security Clearance Decisions
- Contrition and Rehabilitation as Factors in Favor of Granting Security Clearance.