Summary
A 37-year-old defense contractor driver was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons detailed several incidents, including a September 1999 arrest and charge for Driving Under the Influence (DUI). Additionally, in August 2006, the applicant was charged with felony Possession of Cocaine and Using Abusive Language, to which he pled guilty and was convicted. An earlier 1997 charge for Disturbing the Peace, Profanity, Disorderly Conduct, and Resisting Arrest was never prosecuted. A significant concern was the applicant's failure to disclose his felony cocaine conviction on his security clearance application.
Disqualifying conditions were raised under Adjudicative Guideline (AG) paragraphs 31(a), 31(c), and 31(d). While mitigating conditions AG 32(a) and 32(c) were considered, they were ultimately insufficient.
The denial was based on the applicant's admitted felony conviction for cocaine possession and the DUI conviction, which presented substantial security risks. The applicant did not provide evidence of successfully completing court-ordered requirements such as probation, community service, or a drug awareness class. Furthermore, the explanations provided for omissions on his security clearance application were deemed suspect and inadequate to mitigate the raised concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to a felony conviction for possession of cocaine and a DUI conviction, which raised security concerns.
- The applicant failed to provide evidence of successful completion of probation, community service, or a drug awareness class.
- The applicant's explanations for omissions on his security clearance application were deemed suspect and insufficient to mitigate concerns.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct Disqualifying Condition
- AG ¶ 31(c)raisedCriminal Conduct Disqualifying Condition
- AG ¶ 31(d)raisedCriminal Conduct Disqualifying Condition
- AG ¶ 32(a)appliedCriminal Conduct Mitigating ConditionThe 1997 incidents are remote in time and details are vague.
- AG ¶ 32(c)appliedCriminal Conduct Mitigating ConditionThis section mitigating condition applies regarding the allegation of falsifying the security clearance application.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information must be resolved in favor of the national security.”
Procedural Posture
- SOR issuedAug 20, 2008
- Answer filedSep 9, 2008Notarized response to SOR.
- Hearing held—Applicant requested a determination based on the written record.
- Decision dateFeb 26, 2009
Cite For
- Evaluation of Criminal Conduct Under Guideline J
- Consideration of Personal Conduct Under Guideline E
- Impact of Failure to Demonstrate Rehabilitation on Security Clearance Eligibility