Summary
A 39-year-old former U.S. Army personnel security investigator was denied a security clearance under Guideline E (Personal Conduct) due to deliberate falsifications on his security clearance applications. The applicant failed to report two alcohol-related arrests from 1985 and 1991 on both his November 8, 2000, SF-86 and his January 8, 1993, Questionnaire for National Security Positions (Standard Form DD398).
Specifically, on the SF-86, he answered "No" to Question 24, which asks about charges or convictions related to alcohol or drugs. On the DD398, he omitted the 1991 driving while intoxicated arrest. These omissions were considered material falsifications.
Despite later acknowledging the arrests in a sworn statement, the applicant did not provide credible evidence to mitigate the concerns. The adjudicator determined that his failure to disclose these incidents was deliberate, demonstrating poor judgment and untrustworthiness, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant failed to disclose two alcohol-related arrests on his Security Clearance Application and Personnel Security Questionnaire.
- The applicant's omissions were deemed deliberate and indicative of poor judgment and untrustworthiness.
- The applicant did not provide credible evidence to mitigate the concerns raised by his falsifications.
Conditions Referenced
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedFeb 19, 2003
- Answer filedMar 3, 2003
- Hearing heldMay 27, 2003
- Decision dateSep 3, 2003
Cite For
- Falsification of Security Clearance Applications Under Guideline E
- Impact of Personal Conduct on Security Clearance Eligibility
- Importance of Honesty and Candor in Security Clearance Determinations