Summary
A 44-year-old federal contractor and retired Navy petty officer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons detailed a history of criminal conduct, including a DUI arrest and conviction in 1997-1998, and subsequent DUI and habitual offender arrests and convictions in 2003. Further arrests for driving with a revoked license and habitual offender charges occurred in 2007, leading to a conviction in July 2007. An arrest for public intoxication in 2004 and additional arrests for fictitious display of license plates and habitual offender charges in 2007, resulting in a conviction in 2009, were also cited.
Crucially, the applicant was found to have falsified his security clearance application in October 2008. Specifically, he provided false responses to questions regarding offenses related to alcohol or drugs and felony charges or convictions. This falsification was cross-alleged as personal conduct.
The denial was based on the applicant's multiple DUI offenses and felony convictions, which raised significant doubts about his judgment and reliability. His falsification of the security clearance application by omitting substantial criminal history demonstrated a lack of candor. The judge also noted that the applicant's testimony regarding his intent to conceal information was vague and equivocal, further undermining his credibility. One mitigating condition was applied, but it was insufficient to overcome the disqualifying conditions.
Why the Applicant Was Denied
- The applicant had multiple DUI offenses and felony convictions, which raised concerns about his judgment and reliability.
- The applicant falsified his security clearance application by omitting significant criminal history, demonstrating a lack of candor.
- The applicant's testimony was vague and equivocal regarding his intent to conceal information, undermining his credibility.
Conditions Referenced
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Obtaining CounselingThe applicant received counseling for excessive alcohol consumption and stopped drinking.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedFeb 18, 2010
- Answer filedMar 16, 2010
- Hearing heldMay 10, 2010
- Decision dateJul 30, 2010
Cite For
- Disqualifying Conditions Under Guidelines E and J Due to Criminal Conduct and Falsification of Application
- Impact of Multiple Offenses on Security Clearance Eligibility
- Importance of Candor in the Security Clearance Process