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Summary

The applicant, a 32-year-old designer employed by a defense contractor, faced security clearance denial due to a history of criminal conduct, alcohol abuse, and financial issues. Despite being respected at work, he had nine criminal convictions from 1992 to 1998, including serious offenses, and failed to mitigate his alcohol consumption and delinquent debts totaling over $9,000. The judge found insufficient evidence of rehabilitation and noted deliberate omissions on his security clearance application.

Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment, qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities (4.a). Applicant denies that his wages were garnished to pay the costs and restitution he was ordered to pay in December 1993 (3.a). the only evidence in the record of the debt to the hospital is Applicant's admission in response to the SOR. However, he also stated that he paid the debt in full (3.b). Applicant denies two additional debts to the same hospital (3.c). Applicant denies a debt to a provider of emergency medical services (3.d). Applicant denies a debt to a provider of emergency medical services (3.e). Applicant acknowledges he has never paid his $5,014.00 debt to a bank (3.f). Applicant acknowledges he has never paid his $1,482.00 debt to the same bank (3.g). Applicant acknowledges he has never paid his $2,323.00 debt to the same bank (3.h). Applicant incurred a $407.00 debt to a clothing store that he has never paid (3.i). Applicant was remanded to a county court for failure to pay child support to his girlfriend (3.j). Applicant satisfied the debt on January 28, 2000 (3.k). The applicant has a history of excessive alcohol consumption (2.a). The applicant was separated from the Air Force due to a fight following alcohol consumption (2.b). The applicant was arrested for public drunkenness (2.c). The applicant was arrested for DUI (2.d). The applicant was arrested for DUI (2.e). The applicant has not demonstrated sufficient evidence of rehabilitation or positive changes in behavior (2.f). The applicant was arrested and charged with Robbery, a felony, on October 12, 1991. He was subsequently tried and found not guilty (1.a). The applicant was arrested and charged with Simple Assault and Defiant Trespass on January 18, 1992. He pleaded guilty to the lesser charge of Harassment and was sentenced to 90 days in jail, which was suspended, and fined $100.00 (1.b). On April 18, 1992, the applicant was arrested and charged with Attempted Theft, a felony, Criminal Mischief, Public Drunkenness, and Possession of Instruments of a Crime. On August 20, 1992, he pleaded guilty to all of the charges except public drunkenness. Applicant was sentenced to three years probation and was ordered to pay costs and restitution totaling $1,632.22 (1.c). On May 21, 1992, the applicant was arrested and charged with Theft of Moveable Property, a felony, and Unauthorized Use of a Vehicle. He was also charged with Receiving Stolen Property and Criminal Conspiracy to Receive Stolen Property. On November 6, 1992, the applicant pleaded guilty to unauthorized use of a Vehicle. He was ordered to pay $810.00 restitution to the victim, fined $823.05, and placed on probation for two years (1.d). On January 6, 1994, the applicant was charged with Simple Assault and Disorderly Conduct as a result of a domestic dispute with his girlfriend. Although the Simple Assault charge was dismissed, he pleaded guilty to the Disorderly Conduct charge, was fined $150.00, and ordered to attend 14 sessions at a domestic abuse counseling center (1.e). On February 1, 1996, the applicant was arrested and charged with two counts of Driving Under the Influence of Alcohol (DUI). His blood alcohol content was .115 percent. Applicant was placed in an accelerated rehabilitation program, fined $465.50, ordered to abstain from alcohol for one year, and had his driver's license suspended for 30 days (1.f). On April 15, 1996, the applicant was again arrested and charged with DUI. His blood alcohol content was .20 percent. Applicant pleaded guilty and was sentenced to not less than two days nor more than 12 months of confinement, fined $1,326.00, had his driver's license suspended, ordered to undergo evaluation, and was required to attend an alcohol safe driving school (1.g). On January 3, 1997, the applicant was arrested and charged with driving while his license was suspended or revoked and for having forged plates on his vehicle. The latter charge was nolle prossed, but he pleaded guilty to the first charge and his driving privileges were revoked (1.h). In another dispute with his girlfriend that occurred at a campground, the applicant was arrested on August 8, 1998 and charged with Simple Assault, Public Drunkenness, and Disorderly Conduct. He pleaded guilty to Disorderly Conduct and Public Drunkenness. Applicant was fined $575.00 and placed on probation for one year for each count, to run consecutively (1.i). The applicant was remanded to a county court on April 29, 1999, for failure to pay child support to his girlfriend. On August 2, 1999, his wages were garnished for $225.00 per month in order to satisfy his $1,834.00 obligation (1.j). On July 27, 1999, the applicant executed a security clearance application (SF 86). In response to question 21, he answered, "no," and failed to list his three felony arrests and two felony convictions, as set forth above (1.k). In response to question 24, the applicant answered, "yes," and listed his two DUI offenses, but failed to list his arrest for Public Drunkenness in April 1992 (1.l). In response to question 26, the applicant answered, "yes," and listed his two offenses in 1995, 1997, and 1998 but failed to list his offense in 1994 (1.m).

The judge denied the clearance. The government raised disqualifying conditions J.1.b, J.1.c, G.1, F.1, E.2. The decision turned on the following: Applicant had nine criminal convictions between 1992 and 1998, establishing a pattern of criminal conduct; Applicant failed to provide clear evidence of successful rehabilitation from his criminal history; Applicant's financial obligations included four unpaid debts totaling $9,226, demonstrating a history of not meeting financial obligations; Applicant provided false information on his security clearance application, failing to disclose felony arrests and convictions.

Why the Applicant Was Denied

• Applicant had nine criminal convictions between 1992 and 1998, establishing a pattern of criminal conduct.
• Applicant failed to provide clear evidence of successful rehabilitation from his criminal history.
• Applicant's financial obligations included four unpaid debts totaling $9,226, demonstrating a history of not meeting financial obligations.
• Applicant provided false information on his security clearance application, failing to disclose felony arrests and convictions.

Conditions Referenced

Key Rule Quoted

“Eligibility for access to classified information is predicated upon an individual meeting adjudicative guidelines discussed in Enclosure 2 of the Directive.”

Procedural Posture

• SOR issuedOct 18, 2002
• Answer filedNov 21, 2003
• Hearing heldApr 18, 2003Postponed from February 26, 2003, at applicant's request.
• Decision dateOct 28, 2003

Cite For

• Denial Based on a Pattern of Criminal Conduct Under Guideline J
• Insufficient Evidence of Rehabilitation Under Guideline G
• Failure to Disclose Relevant Information on Security Clearance Application Under Guideline E