Summary
A 25-year-old control center operator was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The denial stemmed from a history of alcohol abuse and criminal conduct, including a 2001 DUI and a 1999 arrest for rape, which the applicant deliberately failed to disclose on his security clearance application and during his initial interview.
The Statement of Reasons highlighted several issues. Under Guideline J, it noted allegations of criminal conduct, specifically the undisclosed 1999 rape arrest and a single serious crime or multiple lesser offenses. Guideline G concerns were raised by the applicant's history of alcohol-related incidents, including the DUI, and his continued occasional alcohol consumption in quantities similar to those before his arrests. The applicant had not demonstrated a consistent pattern of sobriety or compliance with treatment, leading to a finding that his alcohol consumption presented an unacceptable risk of future abuse and related criminal incidents.
Under Guideline E, the deliberate non-disclosure of the 1999 rape arrest on his application and during his first interview indicated a lack of candor. The judge concluded that the applicant's ongoing alcohol consumption and the deliberate concealment of his criminal history raised significant security concerns, leading to the denial of his clearance.
Why the Applicant Was Denied
- The applicant's history of alcohol abuse and related criminal conduct raised serious security concerns.
- The applicant's deliberate omission of a felony arrest for rape on his security clearance application indicated a lack of candor and trustworthiness.
- The applicant's continued alcohol consumption posed an unacceptable risk of future alcohol-related incidents.
Conditions Referenced
- J.araisedAllegations or Admissions of Criminal Conduct
- J.braisedA Single Serious Crime or Multiple Lesser Offenses
- G.araisedAlcohol-related Incidents Away From Work
- E.araisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E.braisedDeliberately Providing False or Misleading Information
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedSep 25, 2002
- Answer filedDec 3, 2002Signed and notarized response.
- Hearing heldApr 24, 2003
- Decision dateJul 29, 2003
Cite For
- Lack of Candor in Security Clearance Applications Under Guideline E
- Impact of Alcohol-related Incidents on Security Clearance Under Guideline G
- Consideration of Criminal Conduct in Security Clearance Determinations Under Guideline J