Summary
A 35-year-old vehicle dispatcher for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant's history included a December 1997 arrest for family violence-assault, during which he admitted to drinking alcohol. He also reported continuing to consume two or three beers daily.
Further issues arose from his discharge from a mental health and substance abuse program due to six unexcused absences. Critically, the applicant falsified his security clearance application by failing to disclose both his arrest for family violence-assault and his prior alcohol-related treatment or counseling.
While the judge found that the applicant mitigated concerns related to his criminal conduct and alcohol use, he failed to mitigate issues concerning personal conduct. Specifically, his discharge from the substance abuse program and the deliberate falsification of his application were unmitigated. Consequently, the applicant's request for a security clearance was denied.
Why the applicant was denied
- The applicant was discharged from a court-ordered substance abuse program due to unexcused absences.
- The applicant deliberately falsified his security clearance application by failing to disclose his arrest for family violence-assault and his alcohol-related treatment.
Conditions referenced
- E2.A5.1.2.1raisedConduct Involving Questionable Judgment, Untrustworthiness, Unreliability, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- E2.A5.1.2.2raisedDeliberate Omission of Relevant and Material Facts From Any SCA
- E2.A5.1.3.2rejectedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Subsequently Provided Correct Information VoluntarilyThe applicant made two separate and distinct falsifications on the same SCA.
- E2.A10.1.3.1appliedThe Criminal Conduct Is Not Recent
- E2.A10.1.3.2appliedThe Offense Was an Isolated Incident
- E2.A7.1.3.1appliedNo Pattern of Alcohol-related Problems
- E2.A7.1.3.2appliedNo Recent Alcohol-related Problems
Key rule quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural posture
- SOR issuedNov 10, 2003
- Answer filedDec 23, 2003Applicant did not initially request a hearing.
- Hearing held—Applicant opted for a decision without a hearing.
- Decision dateAug 31, 2005Remand decision issued.
Cite for
- Disqualifying Conditions Related to Personal Conduct Under Guideline E
- Falsification of Security Clearance Applications
- Mitigating Conditions for Criminal Conduct and Alcohol Consumption