Summary
A 51-year-old defense contractor employee was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The denial stemmed from multiple alcohol-related offenses and a lack of candor in his security clearance application.
Specifically, the applicant had four arrests for DUI or driving while impaired by alcohol, including a 1995 DUI conviction and a 2007 DUI Second Offense conviction. He was also charged and pleaded guilty to disorderly conduct in February 2006. In his security clearance application (SF 86), he failed to disclose this 2006 disorderly conduct charge and did not mention the incident during a July 2007 interview with a DoD investigator.
Despite completing alcohol treatment and having a commendable work record, the judge found insufficient evidence of rehabilitation. The applicant was deemed to have minimized his responsibility for past alcohol-related incidents, raising concerns about his reliability and trustworthiness, ultimately leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had multiple alcohol-related offenses, including two DUIs and a disorderly conduct charge.
- He demonstrated a lack of candor by failing to disclose a disorderly conduct charge on his security clearance application.
- The applicant minimized his responsibility for past alcohol-related incidents, raising concerns about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct - A Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedCriminal Conduct - Allegation or Admission of Criminal Conduct
- AG ¶ 22(a)raisedAlcohol Consumption - Alcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedAlcohol Consumption - Habitual or Binge Consumption of Alcohol
- AG ¶ 16(a)raisedPersonal Conduct - Deliberate Omission or Concealment of Relevant Facts
- AG ¶ 32(a)rejectedCriminal Conduct - Time Elapsed Since Criminal BehaviorInsufficient time without offenses has passed to mitigate the government's case.
- AG ¶ 32(d)rejectedCriminal Conduct - Evidence of Successful RehabilitationAlthough the applicant completed treatment, he has not demonstrated sufficient rehabilitation.
- AG ¶ 23(b)rejectedAlcohol Consumption - Acknowledgment of Alcohol Issues and Actions TakenThe applicant did not fully acknowledge his alcohol problem and minimized his past incidents.
- AG ¶ 23(d)rejectedAlcohol Consumption - Successful Completion of RehabilitationThe applicant's pattern of minimizing past behavior raises concerns about his commitment to abstinence.
- AG ¶ 15rejectedPersonal Conduct - Conduct Involving Questionable JudgmentThe applicant's lack of candor and minimization of past conduct undermined his credibility.
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 3, 2009
- Answer filedFeb 23, 2009
- Hearing heldOct 29, 2009
- Decision dateJan 22, 2010
Cite For
- Lack of Candor in Security Clearance Applications Under Guideline E
- Multiple Alcohol-related Offenses Impacting Security Clearance Under Guideline G
- Criminal Conduct Raising Security Concerns Under Guideline J