Summary
A 42-year-old facilities coordinator 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 denial stemmed from a 20-year history of criminal conduct, including six arrests for driving under the influence (DUI) or other alcohol-related offenses, two drug-related arrests, and one arrest for driving with a revoked license. One cocaine possession charge from January 2000 was dismissed for lack of evidence.
A significant factor in the denial was the applicant's deliberate omission of most of these arrests from his security clearance application, which raised serious doubts about his candor and trustworthiness. The judge noted that his pattern of excessive alcohol consumption often led to questionable judgment and unreliability.
Ultimately, the applicant failed to mitigate the government's security concerns. He did not provide credible evidence of rehabilitation or sobriety, despite claiming sobriety since December 2003, nor did he support his claimed AA attendance. This long history of drinking and untruthfulness led the judge to conclude that the applicant's judgment and trustworthiness were compromised, resulting in the denial of his security clearance.
Why the Applicant Was Denied
- The applicant has a long history of DUI arrests and drug-related offenses, demonstrating a pattern of criminal conduct.
- He deliberately omitted multiple arrests from his security clearance application, indicating a lack of candor and trustworthiness.
- The applicant failed to provide credible evidence of rehabilitation or sobriety despite claiming to have been sober since December 2003.
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.A7.1.2.1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence
- E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedJul 13, 2005
- Answer filedAug 11, 2005Applicant elected to have his case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateMar 30, 2006
Cite For
- Pattern of Criminal Conduct Under Guideline J
- Lack of Candor in Security Clearance Applications Under Guideline E
- Excessive Alcohol Consumption and Its Implications Under Guideline G