Summary
A 58-year-old mechanic for a defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The denial stemmed from a history of six alcohol-related criminal offenses between 1970 and 1992, which included three arrests for Driving Under the Influence (DUI), an arrest for affray, and two felony arrests for aggravated assault or aggravated battery, one of which was a felony conviction for aggravated battery with a firearm.
The applicant's continued alcohol consumption and driving after his last arrest in 1992 indicated a lack of rehabilitation and a pattern of excessive alcohol use. Furthermore, the applicant deliberately failed to disclose all of his alcohol-related offenses when completing his security clearance application in May 2002.
The judge found that these issues raised significant security concerns, as the applicant had not mitigated the government's concerns regarding his alcohol consumption or provided evidence of rehabilitation. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant had a history of six alcohol-related criminal offenses, including multiple DUIs and a felony conviction for aggravated battery.
- He continued to drink and drive after his last arrest in 1992, demonstrating a lack of rehabilitation.
- The applicant deliberately failed to disclose all his alcohol-related offenses on his security clearance application.
Conditions Referenced
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
- E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
- E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters
Key Rule Quoted
“No one has a right to a security clearance, and the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedJul 25, 2005
- Answer filedSep 20, 2005Applicant submitted a notarized response.
- Hearing held—Applicant elected to have the case decided on the written record.
- Decision dateMar 28, 2006
Cite For
- Denial Based on a History of Alcohol-related Offenses Under Guideline G
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Importance of Full Disclosure in Security Clearance Applications Under Guideline E