Summary
A 23-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's history included multiple arrests for drug possession and driving while intoxicated.
Specifically, the applicant was arrested in November 2002 for possession of a controlled substance. Subsequent arrests for driving while intoxicated occurred in November 2003 and May 2004, both resulting in guilty pleas. His final arrest, in July 2004, was for driving while revoked and without insurance. A significant concern under personal conduct was the applicant's deliberate failure to disclose the July 2004 arrest to a government investigator.
The denial was based on the applicant's pattern of criminal conduct, including multiple arrests for driving while intoxicated and drug possession within a short timeframe, and his deliberate omission of a relevant arrest during the security investigation. The applicant did not present any mitigating evidence to address these concerns.
Why the Applicant Was Denied
- The applicant had multiple arrests for driving while intoxicated and drug possession within a short time frame.
- He deliberately failed to disclose a relevant arrest during the security investigation.
- The applicant did not provide any mitigating evidence to address the concerns raised by the government.
Conditions Referenced
- E2.A10.1.2.1appliedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- E2.A10.1.2.2appliedA Single Serious Crime or Multiple Lesser Offenses.
- E2.A7.1.2.1appliedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence of Alcohol.
- E2.A7.1.2.5appliedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment.
- E2.A5.1.2.3appliedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator or Other Official Representative in Connection with a Personnel Security or Trustworthiness Determination.
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 trustworthiness determination.”
Procedural Posture
- SOR issuedApr 13, 2006
- Answer filedMay 6, 2006Applicant requested decision on the written record.
- Hearing held—No hearing; decided on written record.
- Decision dateSep 11, 2006
Cite For
- Lack of Candor in Security Clearance Applications Under Guideline E
- Pattern of Criminal Conduct Impacting Trustworthiness Under Guideline J
- Excessive Alcohol Consumption Leading to Impaired Judgment Under Guideline G