Summary
A 34-year-old 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 deliberately omitted significant information from his SF 86 security clearance application. Specifically, he failed to disclose six alcohol-related criminal offenses between 1992 and 2000, three of which were charged under the Uniform Code of Military Justice (UCMJ). He also omitted two other criminal offenses and two instances of completing treatment and counseling for alcohol abuse.
The applicant had a history of alcohol abuse from 1990 until October 2000, which included several alcohol-related criminal offenses. He underwent a three-month inpatient alcohol treatment program in 1997, where he was diagnosed as alcohol dependent, and entered but failed to complete court-ordered alcohol treatment from August 2000 to August 2001. The government alleged that these deliberate falsifications constituted a knowing and willful false statement to a government agency, potentially violating federal criminal law.
While the applicant successfully mitigated concerns related to his alcohol abuse, the judge determined that his deliberate dishonesty in omitting significant criminal history and treatment from his application demonstrated a lack of candor and trustworthiness. This dishonesty was deemed too significant to overcome, resulting in the denial of his security clearance.
Why the applicant was denied
- The applicant deliberately falsified answers on his security clearance application, omitting multiple alcohol-related offenses and disciplinary actions.
- The judge found that the applicant's omissions demonstrated a lack of candor and trustworthiness, which are critical for security clearance.
- Despite mitigating factors regarding alcohol abuse, the applicant's dishonesty was deemed too significant to overcome.
Conditions referenced
- E2.A5.1.2.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A10.1.1appliedAllegations or Admission of Criminal Conduct
- E2.A10.1.2.1appliedA Single Serious Crime or Multiple Lesser Offenses
- E2.A7.1.3.2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- E2.A7.1.3.3appliedPositive Changes in Behavior Supportive of Sobriety
Key rule quoted
“A security clearance decision is intended to resolve whether it is clearly consistent with the national interest for an Applicant to either receive or continue to have access to classified information.”
Procedural posture
- SOR issuedJan 31, 2005
- Answer filed—
- Hearing heldSep 20, 2005
- Decision dateJan 23, 2006
Cite for
- Deliberate Falsification of Security Clearance Application Under Guideline E
- Impact of Criminal Conduct on Security Clearance Under Guideline J
- Mitigating Factors Related to Alcohol Abuse Under Guideline G