Summary
A 40-year-old single man with a high school education was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The applicant had an extensive history of criminal conduct, including a felony hit and run and multiple alcohol-related arrests, such as a DUI. He was placed on probation and ordered to complete intensive alcohol rehabilitation, but failed to comply, resulting in a contempt conviction.
After beginning a court-ordered alcohol rehabilitation program in June 1995, he was dismissed in May 1996 following another alcohol-related assault charge. He subsequently relapsed and began experimenting with methamphetamine, leading to another arrest for assault. While he stated he has not used illegal drugs or alcohol since completing a treatment program, significant concerns remained.
The denial was also based on deliberate falsifications on his security clearance application. He failed to list his 2001 employment termination and omitted his past drug use, stating he did not want his current employers to know about his addiction. Despite completing rehabilitation programs, the judge found unmitigated security concerns due to his extensive criminal history, including a felony conviction for hit and run and DUI, and the deliberate falsifications, which undermined his credibility.
Why the Applicant Was Denied
- Applicant has a felony conviction for hit and run and DUI, disqualifying him under 10 U.S.C. § 986.
- Extensive history of alcohol-related offenses and substance abuse raised significant security concerns.
- Deliberate falsification of information on the security clearance application undermined credibility.
Conditions Referenced
- JraisedCriminal Conduct
- GraisedAlcohol Consumption
- HraisedDrug Involvement
- EraisedPersonal Conduct
- G.3appliedPositive Changes in Behavior Supportive of SobrietyApplicant completed rehabilitation programs, but past relapses diminished the mitigating value.
- H.2rejectedSuccessful Completion of a Rehabilitation ProgramCredibility issues due to past behavior and falsifications.
- E.2rejectedThe Information Was Not RecentThe applicant's history of criminal conduct and substance abuse was extensive and ongoing.
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedNov 7, 2005
- Answer filedDec 27, 2005
- Hearing heldApr 13, 2006
- Decision dateAug 28, 2006
Cite For
- Disqualifying Conditions Under Guideline J Due to Felony Convictions
- Impact of Substance Abuse on Security Clearance Eligibility
- Importance of Candor in Security Clearance Applications