Summary
A 44-year-old engineer with 19 years of service for a federal contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The denial stemmed from a long history of alcohol abuse and related criminal conduct, coupled with deliberate misrepresentation on security clearance applications.
The applicant had multiple alcohol-related arrests and charges, including DUIs in June 1983, December 1984, December 1989, January 2001, November 2001, and February 2006. Other criminal offenses included a March 1984 criminal trespass and July 2002 charges for assault and interfering with reporting a domestic. He also received alcohol treatment in 1985 and from November 2001 to December 2003, where he was diagnosed as alcohol dependent.
Crucially, the applicant deliberately failed to disclose these arrests, charges, and his alcohol treatment on two security clearance applications and in sworn statements. His testimony regarding these omissions was deemed not credible, and he failed to demonstrate sufficient rehabilitation, evidenced by his most recent DUI in 2006. The judge concluded that the applicant did not mitigate the security concerns, leading to the denial of his clearance.
Why the Applicant Was Denied
- The applicant has a long history of alcohol-related arrests and convictions spanning over 23 years.
- He deliberately failed to disclose relevant information on multiple security clearance applications, violating 18 U.S.C. 1001.
- The applicant's claims of rehabilitation were not credible, as he had not abstained from alcohol for a sufficient period and continued to relapse.
Conditions Referenced
- E2.A7.1.2.1appliedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence, Fighting, Child or Spouse Abuse, or Other Criminal Incidents Related to Alcohol Use
- E2.A7.1.2.3appliedDiagnosis by a Credentialed Medical Professional of Alcohol Abuse or Alcohol Dependence
- 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.A5.1.2.2appliedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
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 issuedJan 30, 2006
- Answer filedMar 2, 2006undated
- Hearing heldOct 25, 2006
- Decision dateNov 21, 2006
Cite For
- Failure to Disclose Relevant Information on Security Clearance Applications Under Guideline E
- Long History of Alcohol-related Offenses Under Guideline G
- Criminal Conduct Impacting Security Clearance Eligibility Under Guideline J