Contractor Overcomes Bad Conduct Discharge to Get Security Clearance

A Bad Conduct Discharge (BCD) from the military is not seen as often as a General (under honorable conditions) and usually is the result of serious criminal conduct or other behaviors. In a recent Defense Office of Hearing and Appeals (DOHA) case, a DoD contractor was initially denied security clearance eligibility for issues related to sexual and criminal conduct while he was in the Army. Here are the highlights of the case:

In 2005 the applicant was in the Army and he, along with three other soldiers, took advantage of an incapacitated female soldier by taking turns having sexual intercourse with her. The next day she filed rape charges against all of them. The subsequent court martial found the applicant guilty of indecent acts with an incapacitated woman and he spent 5 months in detention before receiving a BCD. Also, in 2009 he was arrested for an altercation involving him and two others at a bar when they were all intoxicated. Based on these issues he was denied clearance eligibility.

At the DOHA hearing, the applicant testified in person and presented facts and witnesses that showed he accepted full responsibility for his actions, has matured, started a family, and received stellar recommendations from friends, co-workers, and supervisors. The DOHA judge noted it has been over 15 years since the incident in the military and the applicant has not been involved in any adverse incidents since 2009. The judge opined there is no reason to doubt the applicant’s judgment, trustworthiness, and reliability – clearance eligibility granted. You can read the case summary here.