Summary
A 32-year-old male applicant was denied a security clearance under Guideline E (Personal Conduct) due to an extensive history of criminal offenses, substance abuse, and deliberate dishonesty. His record included numerous civil infractions and criminal charges between 1999 and 2011, such as speeding, other driving offenses, and violations of natural resources and wildlife management ordinances. He also had multiple instances of aggressive workplace behavior, property theft, and arrests for violent and threatening conduct, resulting in two temporary protective orders.
Further concerns arose from his illegal abuse of Oxycontin, addiction, and failed drug tests while on probation. He was involuntarily admitted for inpatient mental health treatment, where he was diagnosed with intermittent explosive disorder and adjustment disorder. Crucially, the applicant made deliberate false statements to the Government regarding his illegal drug use and mental health treatment, failing to disclose this information in multiple Electronic Questionnaires for Investigations Processing (EQIP), during interviews with Government investigators, and in response to Department of Defense interrogatories.
The denial was based on his extensive arrest record, including violent offenses, and numerous intentional false statements about his drug use and mental health treatment. The judge concluded that the applicant failed to mitigate these security concerns or demonstrate rehabilitation and a change in behavior.
Why the Applicant Was Denied
- Applicant has an extensive arrest record dating back to 1999, including violent offenses.
- He made numerous intentional false statements to the Government regarding his drug use and mental health treatment.
- The applicant failed to demonstrate rehabilitation or a change in behavior since his past misconduct.
Conditions Referenced
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)raisedCredible Adverse Information Not Explicitly Covered Under Any Other Guideline
Key Rule Quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedSep 11, 2013
- Answer filed—Applicant responded timely to the SOR.
- Hearing heldJan 22, 2014Hearing conducted with applicant appearing pro se.
- Decision dateMar 7, 2014
Cite For
- Denial Based on Extensive Criminal History Under Guideline E
- Failure to Mitigate Security Concerns Related to Personal Conduct
- Impact of False Statements on Security Clearance Eligibility