Summary
A 33-year-old machinist 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 history of alcohol-related criminal offenses, including multiple arrests for driving while impaired and assault between 1996 and 2002. He also had other arrests for offenses such as driving with a restricted license and a noise ordinance violation. The applicant received treatment for alcohol dependence from November 1999 to June 2000 and continued to consume alcohol through at least March 2004.
Further complicating his case, the applicant falsified his security clearance application. He deliberately omitted his complete police record, specifically failing to disclose a 2002 driving while impaired conviction. Additionally, he did not admit to receiving alcohol counseling within the previous seven years.
The judge determined that the applicant's ongoing alcohol consumption and his failure to demonstrate rehabilitation were significant concerns. These factors, combined with his history of criminal conduct and the falsification of his application, led to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had a history of alcohol-related criminal offenses, including multiple DUIs and assaults.
- He falsified his security clearance application by omitting a 2002 conviction and prior alcohol treatment.
- The applicant's ongoing alcohol consumption raised concerns about his reliability and trustworthiness.
Conditions Referenced
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
- E2.A10.1.2.1raisedCriminal Conduct
- E2.A5.1.2.2raisedDeliberate Omission of Relevant Facts
- E2.A7.1.3.2rejectedProblem Occurred a Number of Years AgoThe applicant's alcohol-related incidents continued after treatment.
- E2.A7.1.3.3rejectedPositive Changes in Behavior Supportive of SobrietyThe applicant continues to consume alcohol excessively.
- E2.A10.1.3.1appliedCriminal Behavior Was Not RecentThe last criminal incident was in March 2002.
- E2.A10.1.3.3rejectedFactors Leading to the Violation Are Not Likely to RecurThe applicant continues to drink alcohol.
- E2.A10.1.3.6rejectedClear Evidence of Successful RehabilitationThe applicant has not demonstrated successful rehabilitation.
- E2.A5.1.3.2rejectedFalsification Was an Isolated IncidentThe falsification was recent and not isolated.
- E2.A5.1.3.3rejectedPrompt Good-faith Efforts to Correct the FalsificationThe applicant only provided correct information after being confronted.
Key Rule Quoted
“An applicant 'has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.'”
Procedural Posture
- SOR issuedApr 25, 2005
- Answer filedMay 24, 2005Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on written record.
- Decision dateMar 27, 2006
Cite For
- Falsification of Security Clearance Application Under Guideline E
- History of Alcohol-related Criminal Conduct Under Guideline J
- Ongoing Alcohol Consumption as a Security Concern Under Guideline G