Summary
A 47-year-old male applicant, with 25 years of experience as a government contractor, was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a history of excessive alcohol use, illegal drug use while holding a security clearance, and deliberate falsifications on his SF-86.
Specifically, the applicant used cocaine weekly from September to November 1999, after being granted a secret DoD industrial security clearance in February 1998. He then falsified his SF-86, certified on July 9, 2003, by answering "no" to questions 27 and 28, despite his prior cocaine use. This deliberate falsification was considered criminal conduct under 18 U.S.C. § 1001.
Additionally, the applicant consumed alcohol, at times to intoxication, from approximately 1998 to at least November 2003, and was treated for alcohol dependence from April 28 to May 4, 2000. He continued to consume alcohol after this treatment. The judge found that the applicant failed to mitigate these concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant admitted to excessive alcohol consumption and drug use while holding a security clearance.
- Applicant falsified information on his SF-86 regarding illegal drug use, raising significant trustworthiness concerns.
- The applicant's continued alcohol use after treatment for alcohol dependence indicated a lack of positive behavioral change.
Conditions Referenced
- E2.A5.1.2.2raisedFalsification of Material Facts
- E2.A5.1.2.4raisedVulnerability to Coercion and Blackmail
- E2.A5.1.2.5raisedPattern of Dishonesty or Rule Violation
- E2.A7.1.2.3raisedAlcohol Dependence
- E2.A7.1.2.5raisedExcessive Alcohol Consumption
- E2.A7.1.2.6raisedContinued Alcohol Use After Treatment
- E2.A8.1.2.1raisedIllegal Drug Involvement
- E2.A8.1.1.1raisedDrug Abuse or Dependence
- E2.A10.1.2.1raisedRecent Criminal Conduct
- E2.A10.1.2.2raisedMultiple Incidents of Criminal Conduct
- E2.A5.1.3.1rejectedIsolated Incidents of FalsificationFalsifications were not isolated and were recent.
- E2.A5.1.3.2rejectedSubsequent Provision of Correct InformationCorrect information was provided after a significant delay.
- E2.A7.1.3.1rejectedNo Pattern of Excessive Alcohol ConsumptionEpisodic heavy drinking indicates a pattern.
- E2.A7.1.3.2rejectedNo Recent Alcohol ProblemsContinued alcohol use after treatment indicates ongoing issues.
- E2.A7.1.3.3rejectedPositive Changes in BehaviorNo evidence of positive changes supportive of sobriety.
- E2.A7.1.3.4rejectedSuccessful Completion of RehabilitationContinued alcohol use post-rehabilitation undermines this condition.
- E2.A8.1.3.1appliedLimited Drug InvolvementApplicant's drug use was limited to a three-month period.
- E2.A8.1.3.2appliedIntent Not to Use Drugs in the FutureApplicant expressed intent not to use illegal substances again.
- E2.A8.1.3.3rejectedSuccessful Rehabilitation From Drug UseNo evidence of successful rehabilitation presented.
- E2.A10.1.3.1rejectedEvidence of RehabilitationApplicant did not provide clear evidence of successful rehabilitation.
- E2.A10.1.3.2rejectedIsolated Incidents of Criminal ConductFalsifications were multiple and not isolated.
- E2.A10.1.3.6rejectedEvidence of Positive Changes in BehaviorNo evidence of positive changes in behavior presented.
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedMay 27, 2005
- Answer filedJun 30, 2005Applicant requested decision on the record.
- Hearing held—No hearing held.
- Decision dateJan 31, 2006
Cite For
- Excessive Alcohol Consumption as a Disqualifying Condition Under Guideline G
- Falsification of Material Facts on Security Clearance Applications Under Guideline E
- Criminal Conduct Related to Falsifications Under Guideline J