Summary
A 59-year-old former military member was denied a security clearance under Guideline E (Personal Conduct) due to a history of alcohol-related offenses and repeated dishonesty during a military investigation. The applicant faced allegations of intentionally lying to a military investigator multiple times, denying the unauthorized disclosure of a military capabilities document to a private company representative, and denying meetings and travel related to this disclosure. He was also accused of soliciting a private company representative to provide false information to the investigator and conspiring to create a false cover story.
Further concerns included the applicant's long history of alcohol-related offenses, with six arrests for DUI or DWI between 1978 and 2008, resulting in four convictions or nolo contendere pleas. He also had numerous traffic violations from 1978 to 2003. Although he acknowledged making mistakes and should have told the truth, and has had no alcohol-related offenses since 2008, he continues to consume alcohol and did not fully disclose past incidents during court-ordered counseling.
The denial was based on the applicant's extensive history of alcohol-related incidents, his repeated lies to a military investigator concerning the unauthorized disclosure of a military document, and his attempt to conspire with others to provide false information. The judge found that the applicant failed to mitigate these significant concerns, leading to the denial of his security clearance.
Why the applicant was denied
- Applicant has a long history of alcohol-related offenses, including six serious incidents from 1978 to 2008.
- Applicant repeatedly lied to a military investigator regarding unauthorized disclosure of a military document.
- Applicant attempted to conspire with others to provide false information to the military investigator.
Conditions referenced
- AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
- AG ¶ 16(d)raisedCredible Adverse Information
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct OmissionsApplicant did not promptly correct his falsifications.
- AG ¶ 17(d)rejectedAcknowledgment of Behavior and CounselingInsufficient evidence to conclude behavior is unlikely to recur.
Key rule quoted
“Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual's reliability, trustworthiness and ability to protect classified information.”
Procedural posture
- SOR issuedJul 30, 2014
- Answer filedAug 20, 2014
- Hearing heldNov 19, 2014
- Decision dateDec 17, 2014
Cite for
- Disqualifying Conditions Under Guideline E for Personal Conduct
- Impact of Dishonesty During Security Clearance Investigations
- History of Alcohol-related Offenses as a Security Concern