Summary
This case involves a military veteran in his late forties whose security clearance was subject to revocation based on Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant had an extensive history of alcohol-related incidents and criminal conduct, including multiple DWIs and altercations.
Disqualifying conditions under Guideline G, specifically AG ¶ 22(d), AG ¶ 22(e), and AG ¶ 22(f), were raised. However, the appeal board did not issue a final decision on the merits of the revocation.
Instead, the board found due process violations, noting that the judge relied on unalleged issues and improper findings regarding the applicant's treatment compliance. Consequently, the case was remanded for a new hearing to be conducted by a different judge. No final outcome regarding the security clearance status has been reached.
Why the Applicant Was Denied
- The applicant's history of alcohol-related incidents and criminal conduct was extensive and included multiple DWIs and altercations.
- The judge's findings relied on unalleged issues, violating the applicant's due process rights.
Conditions Referenced
- AG ¶ 22(d)raisedDiagnosis of Alcohol Use Disorder by Duly Qualified Professional
- AG ¶ 22(e)raisedFailure to Follow Treatment Advice Once Diagnosed
- AG ¶ 22(f)raisedAlcohol Consumption Not in Accordance with Treatment Recommendations After a Diagnosis of Alcohol Use Disorder
Key Rule Quoted
“A fair reading of the Judge’s decision shows that it is based significantly on unalleged conduct and circumstances.”
Procedural Posture
- SOR issuedFeb 1, 2022
- Answer filedMay 9, 2022
- Hearing heldMar 14, 2023
- Decision dateMay 31, 2023Decision remanded for a new hearing.
Cite For
- Due Process Violations Regarding Unalleged Issues in Security Clearance Cases
- The Importance of Proper Notice in SOR Allegations
- The Implications of Relying on Non-alleged Conduct in Adjudications