Summary
A 51-year-old environmental engineer working for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of criminal activity, falsification of documents, and a failure to disclose relevant offenses on his security clearance application.
Specifically, the applicant used variations of his name, altered his birth certificate, and obtained a driver's license with the altered document. He also used another name when arrested and admitted to changing his birth date on his birth certificate to facilitate dating older women. On his security clearance application, he falsely answered "NO" to questions regarding the use of other names, felony offenses, firearms or explosives offenses, and alcohol or drug-related offenses, despite admitting to a long history of criminal activity.
The judge determined that the applicant's conduct demonstrated untrustworthiness and a lack of candor. Although some mitigating conditions were considered, the applicant did not provide sufficient evidence to alleviate the security concerns raised by his extensive criminal history and the falsification of information on his application. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant had a long history of criminal activity, including multiple arrests and convictions.
- He falsified information on his security clearance application, including using an altered birth certificate and failing to disclose prior offenses.
- The applicant did not present sufficient evidence to mitigate the security concerns raised by his conduct.
Conditions Referenced
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
- E2.A5.1.2.5raisedA Pattern of Dishonesty or Rules Violation
- 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.A5.1.3.1rejectedThe Falsification Was Unsubstantiated or Not Pertinent to a Determination of Judgment, Trustworthiness, or Reliability
- E2.A5.1.3.3rejectedThe Individual Made a Prompt, Good-faith Effort to Correct the Falsification Before Being Confronted with the Facts
- E2.A10.1.3.1rejectedThe Criminal Behavior Was Not Recent
- E2.A10.1.3.2rejectedThe Crime Was an Isolated Incident
- E2.A10.1.3.6rejectedThere Is Clear Evidence of Successful Rehabilitation
Key Rule Quoted
“"The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance."”
Procedural Posture
- SOR issuedFeb 3, 2005
- Answer filedFeb 23, 2005Applicant admitted all allegations.
- Hearing held—Applicant elected to have the matter decided on the written record.
- Decision dateSep 21, 2005
Cite For
- Denial of Security Clearance Due to a Pattern of Criminal Conduct
- Failure to Disclose Relevant Information on a Security Clearance Application
- Impact of Personal Conduct on Security Clearance Eligibility