Summary
A 25-year-old cost estimator for a defense contractor was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of alcohol-related offenses and the applicant's failure to disclose these incidents on his security clearance application.
The applicant's criminal record included a 1998 conviction for public intoxication and a July 2001 conviction for criminal trespass while intoxicated. Additionally, he was arrested for driving while intoxicated in November 2001 and December 2001, with sentencing for both offenses occurring in November 2003. When filing his security clearance application in May 2002, the applicant did not list the pending driving while intoxicated charges or the four alcohol-related offenses in response to specific questions.
The denial was based on the applicant's multiple alcohol-related offenses and his failure to disclose all relevant criminal offenses on his application, which constituted a violation of 18 U.S.C. § 1001. The applicant also did not provide evidence of rehabilitation or corrective actions regarding his alcohol issues.
Why the Applicant Was Denied
- Applicant has a history of multiple alcohol-related offenses, including public intoxication and driving while intoxicated.
- Applicant failed to disclose all relevant criminal offenses on his security clearance application, leading to a violation of 18 U.S.C. § 1001.
- The applicant did not provide evidence of rehabilitation or corrective actions regarding his alcohol issues.
Conditions Referenced
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A10.1.3.1rejectedThe Criminal Behavior Was Not RecentThe criminal behavior is recent, with three offenses occurring less than a year before the application.
- E2.A10.1.3.2rejectedThe Crime Was an Isolated IncidentThe offenses are not isolated, as multiple offenses occurred within a short time frame.
- E2.A10.1.3.6rejectedThere Is Clear Evidence of Successful RehabilitationApplicant presented no evidence of counseling or rehabilitation.
- E2.A5.1.3.3rejectedThe Individual Made Prompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the FactsApplicant did not correct the information on his own; he only provided correct information after being prompted.
Key Rule Quoted
“[N]o one has a 'right' to a security clearance.”
Procedural Posture
- SOR issuedAug 17, 2004
- Answer filedAug 24, 2004Applicant admitted all allegations.
- Hearing held—Applicant elected to have the matter decided on the written record.
- Decision dateJan 4, 2005
Cite For
- Failure to Disclose Multiple Alcohol-related Offenses on a Security Clearance Application
- Disqualifying Conditions Under Guideline J for a History of Criminal Conduct
- Disqualifying Conditions Under Guideline E for Personal Conduct Involving Dishonesty