Summary
A 51-year-old machinist employed by a defense contractor was denied a security clearance due to a history of criminal conduct, drug involvement, and alcohol-related offenses, along with deliberate omissions on his security clearance application. The denial was based on Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct).
Specific concerns included a 1999 felony conviction for Malicious Wounding, and two Driving Under the Influence (DUI) convictions in 1990 and 2000. The applicant also had a history of drug involvement, including a 1976 charge for Possession of Marijuana and multiple positive drug tests.
The applicant failed to disclose several key details on his security clearance application, including the felonious assault charge, pending charges, the 1976 marijuana possession charge, a complete seven-year history of marijuana use, and marijuana use while possessing a security clearance. The judge found that the applicant failed to mitigate the disqualifying conditions, citing a lack of credible evidence of rehabilitation and the deliberate omissions on the application.
Why the Applicant Was Denied
- The applicant has a felony conviction for Malicious Wounding, which is a serious crime that raises significant security concerns.
- The applicant has a history of drug involvement, including multiple positive drug tests and a conviction for possession of marijuana.
- The applicant's two DUI convictions demonstrate a pattern of alcohol-related offenses that further undermine his reliability and trustworthiness.
- The applicant provided false or incomplete answers on his security clearance application, indicating a lack of candor and honesty.
Conditions Referenced
- J.1.braisedA Single Serious Crime or Multiple Lesser Offenses
- J.1.craisedConviction in a Federal or State Court, Including a Court-martial, of a Crime and Sentenced to Imprisonment for a Term Exceeding One Year
- H.1.araisedAny Drug Abuse, Which Is the Illegal Use of a Drug or Use of a Legal Drug in a Manner That Deviates From Approved Medical Direction
- H.1.braisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- G.1.araisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence
- E.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
- J.1.frejectedThere Is Clear Evidence of Successful RehabilitationThe applicant's evidence of rehabilitation was limited and did not demonstrate a clear intent to avoid future criminal conduct.
- H.1.crejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant failed to provide sufficient evidence to support his claims of abstaining from drug use.
- G.3rejectedPositive Changes in Behavior Supportive of SobrietyThe applicant's claims of positive changes were not sufficiently convincing to mitigate the concerns raised by his DUI convictions.
- E.2rejectedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security QuestionnaireThe applicant's explanations for his omissions were not credible.
Key Rule Quoted
“Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of national security.”
Procedural Posture
- SOR issuedAug 16, 2002
- Answer filedNov 14, 2002
- Hearing heldJan 29, 2003
- Decision dateJul 31, 2003
Cite For
- Disqualifying Conditions Under Guideline J for Felony Convictions
- Disqualifying Conditions Under Guideline H for Drug Involvement
- Disqualifying Conditions Under Guideline E for Personal Conduct and Dishonesty.