Summary
A security clearance was denied for an applicant, born in October 1961 and a former U.S. Navy member, primarily under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of criminal behavior and the deliberate falsification of his security clearance application regarding that history.
The applicant's criminal record included three arrests, resulting in two convictions for Reckless Driving and Defrauding an Innkeeper. Furthermore, the applicant provided false or misleading information on his SF 86, Security Clearance Application, concerning his criminal history, which is a violation of 18 U.S.C. § 1001.
The judge determined that the applicant failed to mitigate the security concerns arising from both his criminal conduct and the falsification of his application. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant had a history of criminal conduct, including two convictions.
- The applicant falsified his security clearance application regarding his criminal history.
Conditions Referenced
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A5.1.3.1rejectedInformation Was Unsubstantiated or Not PertinentThe incidents were substantiated and pertinent to judgment and reliability.
- E2.A5.1.3.2rejectedFalsification Was an Isolated IncidentThe falsifications were recent and not isolated.
- E2.A10.1.3.1rejectedCriminal Behavior Was Not RecentThe applicant's criminal conduct was deemed recent.
- E2.A10.1.3.2rejectedCrime Was an Isolated IncidentThe applicant has a long history of criminal conduct.
- E2.A10.1.3.4rejectedFactors Leading to the Violation Are Not Likely to RecurThe applicant did not provide evidence to support this condition.
- E2.A10.1.3.6rejectedClear Evidence of Successful RehabilitationThe applicant failed to present evidence of 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 issuedApr 25, 2005
- Answer filedMay 23, 2005
- Hearing heldFeb 8, 2006with the concurrence of Applicant and Department Counsel
- Decision dateApr 12, 2006
Cite For
- Denial of Security Clearance Due to Falsification of Application Under Guideline E
- Impact of Criminal History on Security Clearance Eligibility Under Guideline J
- Criteria for Evaluating Personal Conduct and Criminal Conduct in Security Clearance Cases