Summary
A 55-year-old defense contractor employee 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's history included numerous arrests and convictions, multiple DUIs (including a fourth in November 2006 and a third in July 2003), and a conviction for negligent child abuse and DWAI. He also violated probation terms on multiple occasions.
The applicant had a history of drug use, including possession of psilocybin mushrooms, but had abstained from illegal drugs for over six years. He participated in alcohol treatment and education programs, yet continued to consume alcohol. A significant concern was the intentional falsification of his SF 86 application in February 2007, which constituted a federal crime.
Ultimately, the clearance was denied due to the applicant's extensive criminal history, ongoing alcohol consumption, and the intentional falsification of information on his security clearance application, which raised serious trustworthiness concerns. While some drug involvement concerns were mitigated, these other issues remained disqualifying.
Why the Applicant Was Denied
- The applicant has a long history of criminal conduct, including multiple DUI arrests and a conviction for mail theft.
- The applicant intentionally falsified information on his SF 86, which raises significant trustworthiness concerns.
- The applicant continues to consume alcohol, which raises questions about his reliability and judgment.
Conditions Referenced
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 30appliedCriminal Activity Creates Doubt About an Applicant’s Judgment, Reliability, and Trustworthiness
- AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
- AG ¶ 25(a)appliedAny Drug Abuse
- AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Any Drugs in the Future
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationInsufficient time has elapsed since the applicant's last criminal offense.
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 issuedFeb 12, 2009
- Answer filedMar 10, 2009Two answers provided, first was undated.
- Hearing heldJul 7, 2009
- Decision dateAug 18, 2009
Cite For
- Denial Based on Extensive Criminal History Under Guideline J
- Trustworthiness Concerns Due to Intentional Falsification of Security Clearance Application Under Guideline E
- Ongoing Alcohol Consumption Impacting Reliability Under Guideline G