Summary
A 29-year-old information systems specialist was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant's history included three DUI arrests in February 2004, July 2007, and December 2007, with the last incident also involving a hit-and-run. These incidents resulted in three DUI convictions and one conviction for a single-vehicle hit-and-run.
The applicant completed jail sentences and is on probation until 2011, with his driver's license remaining suspended. A significant concern was the applicant's failure to disclose the pending DUI and hit-and-run charges on his security clearance application.
The denial was based on the pattern of poor judgment related to alcohol consumption, the lack of candor in failing to disclose pending charges, and insufficient evidence of rehabilitation or a change in behavior regarding alcohol use. The judge found that the applicant's history of alcohol-related incidents and lack of credible evidence of rehabilitation warranted the denial.
Why the Applicant Was Denied
- The applicant has three DUI convictions, indicating a pattern of poor judgment related to alcohol consumption.
- The applicant failed to disclose pending DUI and hit-and-run charges on his security clearance application, demonstrating a lack of candor.
- The applicant did not provide sufficient evidence of rehabilitation or a change in behavior regarding alcohol consumption.
Conditions Referenced
- G.22.araisedAlcohol-related Incidents Away From Work
- G.22.braisedRepeated Alcohol-related Incidents
- J.31.araisedMultiple Lesser Offenses
- J.31.craisedAdmission of Criminal Conduct
- E.16.araisedDeliberate Omission of Relevant Facts
- E.16.eraisedPersonal Conduct Creating Vulnerability to Exploitation
- G.23.arejectedTime Passed or Infrequent Behavior Unlikely to RecurThe applicant is still on probation and has a history of repeated offenses.
- G.23.brejectedAcknowledgment of Alcohol Issues and Evidence of Actions TakenThe applicant continues to consume alcohol and does not acknowledge being alcohol-dependent.
- J.23.arejectedTime Elapsed Since Criminal BehaviorThe applicant remains on probation and has not demonstrated rehabilitation.
- E.17.arejectedPrompt Efforts to Correct OmissionsThe applicant did not disclose pending charges until confronted by an investigator.
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 issuedJul 27, 2009
- Answer filedAug 25, 2009
- Hearing heldNov 10, 2009
- Decision dateDec 31, 2009
Cite For
- Lack of Candor in Security Clearance Applications Under Guideline E
- Pattern of Alcohol-related Offenses Under Guideline G
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J