Summary
A 48-year-old software design engineer was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The applicant's history included multiple DUI convictions in 1992 and 2002, and a battery conviction in 2000.
Further allegations detailed felony charges from December 2000 for Lewd or Lascivious Conduct and False Imprisonment of a Child Under 13, stemming from two separate incidents. These charges were later reduced, and the applicant pled guilty to misdemeanor battery for each offense in October 2002, receiving consecutive one-year probations. Additionally, the applicant was diagnosed with alcohol abuse by a medical professional and underwent treatment from November 2002 to March 2003.
The judge determined that the applicant's criminal conduct raised significant concerns regarding judgment and reliability. Insufficient evidence was presented to mitigate the security risks associated with his alcohol abuse and criminal behavior. The applicant's testimony was deemed inconsistent and lacked credibility when compared to victim statements, leading to the denial of the security clearance.
Why the applicant was denied
- The applicant's history of criminal conduct raised significant concerns about his judgment and reliability.
- The applicant failed to provide sufficient evidence to mitigate the security concerns related to his alcohol abuse and criminal behavior.
- The judge found the applicant's testimony inconsistent and not credible compared to the statements of the victims.
Conditions referenced
- DC 1raisedAllegations or Admission of Criminal Conduct
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
- DC 3raisedDiagnosis by a Credentialed Medical Professional of Alcohol Abuse or Alcohol Dependence
- DC 5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- MC 1rejectedThe Alcohol-related Incidents Do Not Indicate a Pattern
- MC 2rejectedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- MC 3rejectedPositive Changes in Behavior Supportive of Sobriety
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 issuedFeb 6, 2006
- Answer filedMar 30, 2006
- Hearing heldJun 14, 2006
- Decision dateSep 29, 2006
Cite for
- Denial of Clearance Due to Criminal Conduct Under Guideline J
- Impact of Alcohol-related Offenses on Security Clearance Eligibility Under Guideline G
- Insufficient Mitigation of Security Concerns Related to Personal Conduct Under Guideline E.