Summary
A 42-year-old United States Marine Corps officer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a General Court-Martial on or about August 2, 2002, where the applicant faced charges including Fraternization, Conduct Unbecoming an Officer, Sodomy, and Adultery. The applicant entered a conditional pre-trial guilty plea agreement and was sentenced to 165 days confinement, forfeiture of all pay and allowances, and dismissal from the Marine Corps.
The Statement of Reasons highlighted that the court-martial raised concerns about the applicant's judgment, reliability, and ability to comply with rules and regulations. Furthermore, the dismissal from the Marine Corps, as per 10 U.S.C. § 986(c)(4), disqualified the applicant from being granted or renewing a security clearance.
Despite being on appellate leave, the judge found that the criminal conduct presented significant security concerns. The denial was based on the applicant's pattern of criminal behavior, which undermined trustworthiness and reliability. The applicant was also found to have minimized the seriousness of the conduct and failed to demonstrate successful rehabilitation.
Why the Applicant Was Denied
- Applicant received a General Court-Martial resulting in a sentence of confinement and dismissal from the Marine Corps.
- The applicant's conduct was characterized as a pattern of criminal behavior, undermining trustworthiness and reliability.
- The applicant minimized the seriousness of his conduct and failed to demonstrate successful rehabilitation.
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.A5.1.1.2raisedRefusal to Complete Required Security Forms, Releases, or Provide Full, Frank and Truthful Answers to Lawful Questions.
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by the Applicant's Employer.
- E2.A5.1.2.4raisedConduct That Raises Concerns About Vulnerability to Coercion and Blackmail.
- E2.A5.1.2.5raisedPattern of Dishonesty or Rule Violation.
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent.
- E2.A10.1.3.2rejectedThe Crime Was an Isolated Incident.Applicant's conduct was multiple and demonstrated a pattern.
- E2.A10.1.3.6rejectedThere Is Clear Evidence of Successful Rehabilitation.Applicant failed to provide evidence of rehabilitation.
- E2.A5.1.3.1rejectedThe Information Supplied by the Applicant's Leadership Is Pertinent to a Determination of Judgment, Trustworthiness, and Reliability.
- E2.A5.1.3.5rejectedThe Applicant Has Taken Positive Steps to Eliminate Vulnerability to Coercion, Exploitation, or Duress.Applicant minimized the seriousness of his conduct.
- E2.A5.1.3.6rejectedThe Applicant Was Not Required to Comply with Security Processing Requirements.Applicant provided no credible evidence.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedJun 26, 2006
- Answer filedJul 6, 2006
- Hearing heldAug 23, 2006Applicant requested an expedited hearing.
- Decision dateSep 29, 2006
Cite For
- Denial of Security Clearance Due to Criminal Conduct Under Guideline J
- Impact of Conduct Unbecoming an Officer on Security Clearance Eligibility
- Failure to Demonstrate Rehabilitation After Criminal Conduct