Summary
A 56-year-old truck driver was denied a security clearance under Guideline E (Personal Conduct) due to a history of criminal conduct, employment terminations, and repeated falsifications on his security clearance application (SCA). The applicant was arrested in January 1995 for two felony counts of child abuse, neglect, and endangerment, and again in April 2004 for felony battery with a deadly weapon and malicious destruction of property. In November 2011, he was arrested for driving under the influence.
The applicant also had a history of employment terminations for cause in March 2004, April 2006, June 2008, and January 2015. He intentionally failed to disclose these terminations on his January 2015 SCA, admitting he wanted to make a good impression and was ashamed of his work history. He did not disclose this information until his background interview, approximately seven months after completing the SCA.
The judge found that the applicant's repeated falsifications and lack of candor regarding his employment history and criminal record raised significant doubts about his reliability and trustworthiness. Disqualifying conditions under Guideline E, specifically concerning deliberate misrepresentation and a pattern of dishonesty, were raised. While mitigating conditions related to the passage of time and the applicant's acknowledgment of his conduct were considered, they were insufficient to overcome the concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant failed to disclose multiple employment terminations on his security clearance application, demonstrating a pattern of dishonesty.
- The applicant's criminal history, including felony arrests and convictions, raised concerns about his judgment and reliability.
- The applicant did not make prompt, good-faith efforts to correct his omissions before being confronted with the facts.
Conditions Referenced
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(d)appliedCredible Adverse Information
- AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant did not disclose his employment terminations until seven months after completing the SCA.
- AG ¶ 17(c)rejectedMinor Offense or Unlikely to RecurThe applicant's history of dishonesty and repeated omissions cast doubt on his reliability.
- AG ¶ 17(d)rejectedAcknowledgment of Behavior and CounselingInsufficient evidence to show that the applicant's behavior is unlikely to recur.
Key Rule Quoted
“Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual's reliability, trustworthiness and ability to protect classified information or sensitive information.”
Procedural Posture
- SOR issuedMay 30, 2017
- Answer filedJul 11, 2017Initial Answer was incomplete, submitted a complete Answer later.
- Hearing heldDec 5, 2017
- Decision dateMar 6, 2018
Cite For
- Pattern of Dishonesty Under Guideline E
- Failure to Disclose Employment Terminations as a Disqualifying Condition
- Lack of Prompt Corrective Action as a Mitigating Factor