Summary
A 42-year-old field engineer for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant had a history of multiple driving while intoxicated (DWI) and reckless driving offenses between 1986 and 2005. Specifically, he was arrested and charged with DWI in December 1986, June 1989, and July 2002, each resulting in a guilty finding and sentencing. Additionally, in July 2005, he was arrested and charged with DWI and reckless driving, found guilty of the reckless driving charge, and sentenced.
Further personal conduct concerns arose because the applicant intentionally failed to disclose the 2005 reckless driving charge to an investigator. While the applicant stated he had moderated his drinking behavior since 2005, the judge found that he had not sufficiently mitigated the concerns.
The denial was based on the applicant's history of four DWI and reckless driving offenses, the determination that he had not abstained from alcohol and was likely to consume excessively in the future, and his failure to disclose the 2005 charge, which indicated a lack of honesty and trustworthiness.
Why the applicant was denied
- Applicant has a history of four DWI and reckless driving offenses from 1986 to 2005.
- Despite moderating his drinking, the judge determined he has not abstained from alcohol and is likely to consume excessively in the future.
- Applicant failed to disclose a 2005 DWI charge during an interview, indicating a lack of honesty and trustworthiness.
Conditions referenced
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence
- E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A5.1.2.5raisedA Pattern of Dishonesty or Rule Violations
- E2.A10.1.3.1rejectedThe Criminal Behavior Was Not RecentWhile some offenses were dated, the more recent incidents were not mitigated by time.
- E2.A10.1.3.2rejectedThe Crime Was an Isolated IncidentApplicant had multiple offenses over a span of years.
- E2.A10.1.3.6rejectedThere Is Clear Evidence of Successful RehabilitationTwo years of moderated drinking was insufficient to demonstrate rehabilitation.
Key rule quoted
“No one has a right to a security clearance and the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural posture
- SOR issuedAug 29, 2006
- Answer filedSep 21, 2006
- Hearing heldMar 7, 2007
- Decision dateApr 30, 2007
Cite for
- Disqualifying Conditions Related to Criminal Conduct Under Guideline J
- Disqualifying Conditions Related to Alcohol Consumption Under Guideline G
- Disqualifying Conditions Related to Personal Conduct Under Guideline E