Summary
A security clearance was denied for an applicant with a history of alcohol abuse and criminal conduct, primarily under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a pattern of dishonesty and unresolved security concerns, despite the applicant's sustained sobriety since June 1999.
Specific allegations included illegally taking software and retaining excess vacation time from a former employer in 1995, falsifying an unemployment certification to receive approximately $500, and failing to report about $9,000 in rental income on recent tax filings. The applicant also falsified his September 1998 security clearance application by denying illegal drug use and a 1993 wage garnishment for child support. His history included multiple arrests for DUI and assault, including three alcohol-related domestic violence incidents and other physical altercations with a female between 1993 and 1997. He admitted to consuming 6 to 12 beers daily from 1990 to 1997, attended an alcohol treatment program, and considers himself an alcoholic. Additionally, he admitted to using marijuana, LSD, cocaine, and psilocybin between 1985 and 1995, and shoplifting merchandise worth $500 to $1,000 between 1991 and 1993.
The denial was based on the applicant's demonstrated pattern of dishonesty, including theft and falsification of his security clearance application, and his history of alcohol-related incidents and domestic violence. The applicant failed to provide credible evidence of good-faith corrections for his past misconduct.
Why the Applicant Was Denied
- The applicant's demonstrated pattern of dishonesty included theft and falsification of his SF-86.
- The applicant's history of alcohol-related incidents and domestic violence raised ongoing security concerns.
- The applicant failed to provide credible evidence of good-faith corrections regarding his past misconduct.
Conditions Referenced
- DC 1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses.
- DC 1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence, Fighting, Child or Spouse Abuse, or Other Criminal Incidents Related to Alcohol Use.
- DC 5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment.
- DC 1raisedAny Drug Abuse.
- DC 2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution.
- DC 2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire.
- MC 1rejectedThe Criminal Behavior Was Not Recent.The applicant's past criminal behavior, including domestic violence and theft, was not sufficiently mitigated by the passage of time.
- MC 6appliedThere Is Clear Evidence of Successful Rehabilitation.The applicant maintained sobriety since June 1999 and attended counseling, but this was insufficient to mitigate security concerns.
- MC 2rejectedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem.The applicant's history of alcohol-related incidents and dishonesty raised ongoing concerns.
Key Rule Quoted
“A history or pattern of criminal activity creates doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedJul 25, 2003
- Answer filedAug 6, 2003
- Hearing heldNov 5, 2003
- Decision dateMar 30, 2004
Cite For
- Pattern of Dishonesty Impacting Security Clearance Under Guideline E
- Impact of Alcohol-related Incidents on Security Clearance Under Guideline G
- Consideration of Past Criminal Conduct in Security Clearance Determinations Under Guideline J