Summary
A 29-year-old Java developer seeking his initial security clearance was denied due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The applicant had a history of financial difficulties, criminal conduct, and excessive alcohol consumption.
Specific allegations included delinquent debts totaling $97, $1,200, $1,500, $3,655, and $2,137. He also had a history of excessive alcohol consumption, including alcohol-related incidents with law enforcement, a 2006 charge for public swearing/intoxication, and treatment for alcohol use in 2006. While the applicant had paid off his debts and abstained from alcohol since 2007, intending to continue, these mitigating factors were not sufficient.
The primary reason for denial was the applicant's deliberate omission, concealment, or falsification of material facts regarding his illegal drug use on two personnel security questionnaires. This deliberate falsification, combined with his financial history, raised doubts about his reliability and trustworthiness, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant deliberately omitted, concealed, or falsified material facts about his use of illegal drugs.
- The applicant's history of financial difficulties raised doubts about his reliability and trustworthiness.
- The applicant did not present sufficient evidence to mitigate the security concerns under Guideline E.
Conditions referenced
- E2appliedPersonal Conduct
- F3raisedFinancial Considerations
- G2raisedAlcohol Consumption
- J1raisedCriminal Conduct
- F20appliedMitigating Conditions for Financial ConsiderationsThe applicant mitigated the security concerns based on his good-faith efforts to repay his overdue creditors.
- G20appliedMitigating Conditions for Alcohol ConsumptionThe applicant's abstinence from alcohol since 2007 and the passage of time without recurrence of criminal incidents indicate evidence of reform.
- J20appliedMitigating Conditions for Criminal ConductThe applicant's last criminal incident occurred over three years ago, suggesting rehabilitation.
Key rule quoted
“"the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural posture
- SOR issuedJun 15, 2008
- Answer filed—
- Hearing held—
- Decision dateOct 22, 2009Remand decision following initial decision.
Cite for
- Deliberate Falsification of Information Under Guideline E
- Financial Irresponsibility Under Guideline F
- Evidence of Rehabilitation in Alcohol-related Cases Under Guideline G