Summary
A 39-year-old defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The applicant deliberately omitted a July 1996 arrest for public intoxication from his security clearance application, despite reporting a September 1998 DUI arrest. He also failed to disclose his history of alcohol abuse and related treatment. These omissions were cited as deliberate falsifications of material facts on a government form.
The applicant had a history of alcohol-related incidents, including two arrests for driving under the influence and public intoxication. He was diagnosed with alcohol abuse by a medical professional but failed to comply with treatment recommendations and did not demonstrate at least 12 months of abstinence from alcohol. Additionally, he had a history of marijuana use from approximately 1987 until January 1999.
Despite some evidence of rehabilitation, the judge concluded that the applicant did not demonstrate sufficient sobriety or compliance with treatment requirements. The deliberate omission of a prior arrest and substance abuse history from his application reflected questionable judgment and untrustworthiness, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant deliberately omitted a prior arrest for public intoxication from his SF 86.
- He failed to demonstrate twelve months of sobriety following a diagnosis of alcohol abuse.
- The applicant's conduct was deemed to reflect questionable judgment and untrustworthiness.
Conditions Referenced
- J.2raisedCriminal Conduct
- G.1raisedAlcohol Consumption
- G.3raisedAlcohol Consumption
- E.2raisedPersonal Conduct
- G.3appliedAlcohol ConsumptionThe applicant demonstrated positive changes in behavior supportive of sobriety.
- H.3appliedDrug InvolvementThe applicant stopped using drugs and passed subsequent drug tests.
Key Rule Quoted
“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”
Procedural Posture
- SOR issuedNov 30, 2000
- Answer filedDec 19, 2000Notarized response admitting to allegations.
- Hearing held—
- Decision dateJun 28, 2001
Cite For
- Deliberate Omission of Material Facts Under Guideline E
- Failure to Demonstrate Rehabilitation Under Guideline G
- Criminal Falsification Under 18 U.S.C. Section 1001