Summary
A 50-year-old Senior Test Specialist with a Bachelor of Science Degree in Engineering was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The Statement of Reasons detailed multiple past incidents, including an arrest in September 1987 for Resisting, and investigations between 1989 and 1993 for alleged Annoying Phone Calls, Threats, Battery, and Threatening Phone Calls.
Further allegations included a May 1994 charge for four counts of "Drawing, exhibiting, or using [a] firearm or deadly weapon." In March 1995, the applicant was arrested and pled nolo contendere to two felony counts of Receiving Stolen Property, a felony count of Possession of a Controlled Substance (Methamphetamine) for sale, and two misdemeanor firearm charges. Additionally, the applicant admitted to using marijuana twice in July 1967 while serving in the U.S. Army in Viet Nam.
The judge determined that the applicant's criminal conduct was not recent and was influenced by external pressures related to family issues. The applicant provided credible testimony and character references demonstrating rehabilitation and current reliability. Mitigation was also found in the applicant's decision to move away from problematic neighbors, reducing the likelihood of future incidents. Based on these factors, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant's criminal conduct was not recent and stemmed from external pressures related to family issues.
- The applicant demonstrated credible testimony and character references supporting his rehabilitation and current reliability.
- The applicant moved away from problematic neighbors, reducing the likelihood of future incidents.
Conditions Referenced
- J1raisedAny Criminal Conduct
- H1raisedAny Drug Abuse
- J2appliedThe Criminal Behavior Was Not Recent
- J3appliedThe Person Was Pressured Into Committing the Act and Those Pressures Are No Longer Present in That Person's Life
- H1appliedThe Drug Involvement Was Not Recent
- H2appliedThe Drug Involvement Was an Isolated or Infrequent Event
Key Rule Quoted
“Each clearance decision must be a fair and impartial common sense determination based upon consideration of all the relevant and material information and the pertinent criteria and adjudication policy in enclosure 2.”
Procedural Posture
- SOR issuedSep 11, 1996
- Answer filedNov 6, 1996
- Hearing heldApr 17, 1997Originally set for February 19, 1997, but continued.
- Decision dateMay 15, 1997
Cite For
- Mitigation of Criminal Conduct Under Guideline J Due to External Pressures
- Mitigation of Drug Involvement Under Guideline H Due to the Infrequency of Drug Use
- Consideration of Credible Testimony and Character References in Security Clearance Decisions.