Summary
A 39-year-old defense contractor employee was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons alleged that the applicant failed to provide accurate information on his SF 86 regarding three alcohol-related arrests, which occurred over six years prior to the application. It was also alleged that deliberate omissions or falsifications on a security application could raise security concerns.
Disqualifying conditions related to personal conduct were raised, specifically concerning the failure to provide accurate information. However, mitigating conditions were applied, acknowledging that the omissions were not deliberate and that the applicant had demonstrated rehabilitation.
The judge determined that the inaccuracies on the SF 86 were due to dyslexia and confusion, rather than deliberate intent, and noted that the applicant had completed an alcohol rehabilitation program in March 2000, with no alcohol-related legal issues for over four years. Positive behavioral changes and supervisor support further indicated the applicant's reliability and trustworthiness, leading to the clearance being granted.
Why the Applicant Prevailed
- Applicant completed an alcohol rehabilitation program in March 2000 and has had no legal problems related to alcohol for over four years.
- The judge found that the inaccuracies on the SF 86 were not deliberate, stemming from dyslexia and confusion over the SOR.
- Positive changes in behavior and support from supervisors indicated the applicant's reliability and trustworthiness.
Conditions Referenced
- E2.A5.1.1raisedGuideline E: Personal Conduct
- E2.A7.1.2.1raisedGuideline G: Alcohol Consumption
- E2.A7.1.2.5raisedGuideline G: Alcohol Consumption
- E2.A7.1.3.2appliedGuideline G: Alcohol ConsumptionApplicant has shown that the problems with alcohol ended four years ago and that there is no indication of a recent problem.
- E2.A7.1.3.3appliedGuideline G: Alcohol ConsumptionEvidence was submitted of positive changes in behavior supportive of sobriety.
- E2.A5.1.2.2appliedGuideline E: Personal ConductThe omissions were not deliberate as required in the guideline.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance." Department of the Navy v. Egan, 484 U.S. 518, 528 (1988).”
Procedural Posture
- SOR issuedOct 24, 2003
- Answer filedDec 2, 2003
- Hearing heldMay 25, 2004
- Decision dateJul 28, 2004
Cite For
- Mitigating Conditions for Alcohol-related Offenses Under Guideline G
- Consideration of Dyslexia as a Factor in Providing Inaccurate Information on Security Clearance Applications
- The Importance of Demonstrating Rehabilitation and Positive Behavior Changes in Security Clearance Cases.