Summary
A 51-year-old technical illustrator for a defense 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 criminal conduct, including multiple DUI convictions and drug involvement, compounded by a failure to disclose relevant information on his security clearance application.
The applicant's record included five arrests and three DUI convictions between 1983 and 2004. Specific incidents included a January 1983 DUI conviction with a suspended jail sentence and fine, and a July 1983 DUI conviction with a fine. In October 2002, he was involved in an incident leading to a March 2004 DUI conviction, resulting in a fine, jail time, probation, DUI school, and community service. In January 2004, he was charged with DUI and leaving the scene of an accident, though these charges were dismissed. In December 2004, he was charged with marijuana possession and driving with a suspended license, pleading to disorderly conduct and paying a $2,500 fine.
Crucially, the applicant deliberately failed to disclose relevant information on his SF 86 application, specifically regarding his criminal history and marijuana use. He admitted to using marijuana on at least four occasions between 1996 and 2003, including after being granted a security clearance in 1993, which he did not disclose. The applicant did not provide sufficient evidence to mitigate the concerns regarding his alcohol consumption and drug involvement, leading to the denial of his clearance.
Why the Applicant Was Denied
- The applicant had a lengthy history of criminal conduct, including five arrests and three DUI convictions.
- He deliberately falsified his security clearance application by omitting significant criminal history and drug use.
- The applicant failed to provide sufficient evidence to mitigate concerns regarding his alcohol consumption and drug involvement.
Conditions Referenced
- J DC 31(a)raisedCriminal Conduct
- J DC 31(c)raisedCriminal Conduct
- G DC 22(a)raisedAlcohol Consumption
- H DC 25(a)raisedDrug Involvement
- H DC 25(c)raisedDrug Involvement
- H DC 25(g)raisedDrug Involvement
- E DC 16(a)raisedPersonal Conduct
- E DC 16(e)raisedPersonal Conduct
Key Rule Quoted
“The government has a compelling interest to ensure each applicant possesses the requisite judgement, reliability and trustworthiness of one who will protect the national interests as his or her own.”
Procedural Posture
- SOR issuedOct 9, 2006
- Answer filedNov 12, 2006
- Hearing held—Decision made without a hearing.
- Decision dateMar 19, 2007
Cite For
- Denial of Clearance Due to Extensive Criminal History Under Guideline J
- Failure to Disclose Relevant Information on Security Clearance Application Under Guideline E
- Impact of Alcohol Consumption and Drug Involvement on Security Clearance Eligibility Under Guidelines G and H.