Summary
A 35-year-old defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The applicant had a history of alcohol dependence, drug involvement, criminal conduct, and failure to file tax returns.
Specific allegations included a 2009 DUI conviction, positive alcohol tests in 2010 while in treatment, and continued alcohol consumption after program completion, leading to an Alcohol Dependence diagnosis. The applicant also admitted to marijuana abuse from 1996 to 2010, testing positive for its use in 2010. Additionally, he failed to file federal and state income tax returns for 2011 and falsified his 2012 security clearance application by not disclosing a prior order to seek alcohol treatment.
Despite a period of abstinence from drug use, the applicant's ongoing alcohol consumption and failure to mitigate his financial obligations were key factors in the denial. The decision highlighted his continued alcohol use despite diagnosis, the unfiled tax returns, and the falsification of his security clearance application as significant unmitigated concerns.
Why the Applicant Was Denied
- The applicant continued to consume alcohol despite a diagnosis of Alcohol Dependence.
- He failed to file required Federal and state income tax returns for 2011.
- The applicant's falsification of his 2012 security clearance application raised significant concerns.
Conditions Referenced
- G-22(a)raisedAlcohol-related Incidents Away From Work
- G-22(e)raisedEvaluation of Alcohol Abuse or Dependence
- G-22(f)raisedRelapse After Diagnosis of Alcohol Abuse or Dependence
- H-25(a)raisedAny Drug Abuse
- H-25(b)raisedTesting Positive for Illegal Drug Use
- J-31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- J-31(c)raisedAllegation or Admission of Criminal Conduct
- F-19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns
- E-16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- G-23(a)rejectedTime Has Passed or Behavior Was InfrequentThe applicant's ongoing alcohol consumption undermined this mitigation.
- H-26(a)appliedBehavior Happened so Long Ago or Was InfrequentThe applicant's last admitted drug use was in 2010.
- J-32(a)appliedTime Has Elapsed Since the Criminal BehaviorThe most recent criminal offense occurred more than seven years ago.
- F-20(a)rejectedBehavior Happened so Long Ago or Was InfrequentThe applicant's ongoing failure to file tax returns does not support this mitigation.
- E-15(c)rejectedCredible Adverse Information in Several Adjudicative Issue AreasThe applicant's overall conduct raised significant concerns.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 14, 2015
- Answer filedDec 18, 2015
- Hearing held—Decided on the written record without a hearing.
- Decision dateMar 15, 2017
Cite For
- Denial of Security Clearance Due to Ongoing Alcohol Dependence
- Failure to Mitigate Financial Obligations
- Falsification of Security Clearance Application