Summary
A 60-year-old male applicant was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The judge determined that the applicant intentionally failed to disclose significant information regarding his criminal and alcohol history on his November 9, 2011 e-QIP form and during a December 15, 2011 OPM interview, which undermined his reliability.
Specifically, the applicant did not disclose a September 13, 2005 non-judicial punishment, his youngest child, a September 2011 alcohol-related offense, and alcohol treatments from 1992 and November 2008. His explanations for these omissions, such as believing he had already supplied information or receiving advice that an unconvicted offense did not need disclosure, were deemed insufficient.
The applicant's history included multiple alcohol-related arrests: April 1988 (reduced to reckless driving), February 1992 (pleaded guilty to several charges), September 29, 2011 (DWI), and January 12, 2013 (DWI, second conviction within five years, and driving on a restricted license while on probation). He was diagnosed as an alcohol abuser in February 2012. Despite some evidence of rehabilitation, the judge concluded that the applicant's past conduct and intentional omissions raised substantial security concerns, leading to the denial.
Why the applicant was denied
- The applicant intentionally omitted relevant information about his criminal record and alcohol history.
- The applicant's history of alcohol-related offenses included multiple DWIs and a pattern of poor judgment.
- The applicant's explanations for omissions were not sufficient to mitigate the government's concerns.
Conditions referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAdmission of Criminal Conduct
- AG ¶ 16(a)raisedDeliberate Omission of Relevant Facts
- AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
- AG ¶ 23(a)rejectedTime Passed Since the BehaviorInsufficient time has passed to mitigate concerns.
- AG ¶ 23(d)rejectedSuccessful Completion of TreatmentNo favorable prognosis from a qualified professional.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationLess than three years have passed since the last incident.
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.”
Procedural posture
- SOR issuedMay 15, 2014
- Answer filedJun 11, 2014Signed and notarized.
- Hearing heldJan 19, 2016
- Decision dateJan 28, 2016
Cite for
- Issues of Personal Conduct and Reliability Under Guideline E
- Alcohol-related Offenses Impacting Security Clearance Under Guideline G
- Criminal Conduct Affecting Trustworthiness Under Guideline J