Summary
A 47-year-old training specialist for a defense contractor was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of criminal conduct and repeated falsifications on security questionnaires.
The applicant received four non-judicial punishments between 1984 and August 2000. Specific charges included domestic violence/assault in October 1997, which was later dismissed, and a larceny charge in August 2000. Additionally, the applicant tested positive for cannabis in April 1992 and cocaine in November 2001. His clearance and access to sensitive compartmented information (SCI) were revoked by the Army in August 2002.
The applicant falsified security questionnaires in 1994, 2000, and 2006 by omitting his past drug use, the domestic violence/assault charge, the larceny charge, and the revocation of his Army clearance. Despite some favorable character references, the judge found that the applicant's recurrent pattern of offenses and omissions over 20 years raised significant security concerns regarding his judgment and reliability, leading to the denial.
Why the Applicant Was Denied
- The applicant had a history of criminal conduct, including multiple non-judicial punishments for offenses such as DUI, assault, larceny, and drug use.
- The applicant falsified security questionnaires and omitted significant information regarding his criminal history and drug use.
- The applicant's recurrent pattern of criminal conduct over 20 years raised serious concerns about his judgment and reliability.
Conditions Referenced
- DC 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- DC 31(b)appliedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- DC 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
- DC 16(b)appliedDeliberately Providing False or Misleading Information Concerning Relevant Facts
- MC 32(d)rejectedThere Is Evidence of Successful RehabilitationWhile the applicant was well regarded by co-workers, the judge found it too soon to predict against recurrent conduct given the applicant's long pattern of offenses.
- MC 17(a)rejectedThe Individual Made Prompt, Good-faith Efforts to Correct the OmissionThe applicant failed to correct omissions in a timely manner and did not provide credible explanations for his misstatements.
Key Rule Quoted
“Criminal activity creates doubt about a person’s judgment, reliability, and trustworthiness.”
Procedural Posture
- SOR issuedMay 14, 2007
- Answer filedJul 12, 2007
- Hearing heldOct 30, 2007Applicant represented himself.
- Decision dateDec 11, 2007
Cite For
- Disqualifying Conditions Related to Criminal Conduct Under Guideline J
- Disqualifying Conditions Related to Personal Conduct Under Guideline E
- The Impact of Falsifications in Security Questionnaires on Security Clearance Eligibility.