Summary
A 44-year-old sheet metal mechanic with 25 years of employment was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The applicant had a history of five criminal charges, four of which were alcohol-related, with arrests occurring in 1988 (twice), 1992, and 2005. The most recent alcohol-related incident in July 2005 resulted in a DUI conviction, a suspended 60-day incarceration, a $350 fine, and $66 in court costs. He remains on criminal probation until December 2007.
Additionally, the applicant admitted to using and possessing marijuana in July 2005, though this charge was nolle prossed. A significant concern was his intentional failure to disclose this marijuana charge on his November 2005 security clearance application, which he later admitted. While he expressed no intention of future marijuana use, mitigating some drug involvement concerns, the overall pattern of criminal conduct and alcohol consumption remained problematic.
The denial was based on the applicant's history of criminal charges, the recency of the most recent criminal conduct in July 2005, and his intentional falsification of the security clearance application. Despite some mitigating factors applied, the applicant failed to adequately address the issues related to criminal conduct, alcohol consumption, and personal conduct, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant has a history of five criminal charges, four related to alcohol, and remains on probation until December 2007.
- He intentionally failed to disclose a marijuana charge on his security clearance application, demonstrating a lack of candor.
- The most recent criminal conduct occurred in July 2005, which is too recent to establish rehabilitation.
Conditions Referenced
- J.31(a)raisedCriminal Conduct
- J.31(c)raisedCriminal Conduct
- J.31(d)raisedCriminal Conduct
- G.22(a)raisedAlcohol Consumption
- H.25(c)raisedDrug Involvement
- E.16(a)raisedPersonal Conduct
- H.26(b)appliedDrug Involvement
- G.23(b)rejectedAlcohol ConsumptionApplicant's sobriety of two years is insufficient to establish a pattern of abstinence.
- E.17(d)rejectedPersonal ConductApplicant did not present evidence of counseling for the behavior leading to misrepresentation.
- E.17(e)appliedPersonal ConductApplicant disclosed his wrongful conduct to his wife and supervisor.
Key Rule Quoted
“"Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security."”
Procedural Posture
- SOR issuedMar 14, 2007
- Answer filedApr 2, 2007Notarized response to SOR allegations.
- Hearing heldJun 6, 2007Hearing conducted with evidence presented.
- Decision dateJul 17, 2007
Cite For
- Lack of Candor in Security Clearance Applications Under Guideline E
- Recency of Criminal Conduct Impacting Rehabilitation Under Guideline J
- Mitigation of Drug Involvement Concerns Despite Past Use Under Guideline H