Summary
A military service member in his early thirties was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline I (Psychological Conditions). The applicant had a history of alcohol-related incidents and psychological conditions, specifically citing Disqualifying Conditions AG ¶ 22, AG ¶ 28(a), and AG ¶ 28(b).
While the applicant presented evidence of participation in treatment programs and asserted sobriety, the appeal board determined these actions did not sufficiently mitigate the identified security risks. The board acknowledged mitigating factors, including AG ¶ 23(a), AG ¶ 23(b), AG ¶ 29(a), AG ¶ 29(d), and AG ¶ 29(e).
Ultimately, the denial was affirmed because the board maintained concerns regarding the applicant's reliability and trustworthiness, which stemmed from his past behaviors and diagnoses.
Why the Applicant Was Denied
- The applicant had a history of alcohol-related incidents and psychological conditions that raised security concerns.
- The appeal board found that the applicant did not sufficiently mitigate the security concerns raised by the government despite his claims of sobriety and participation in treatment programs.
- Concerns regarding the applicant's reliability and trustworthiness remained due to his past behaviors and diagnoses.
Conditions Referenced
- AG ¶ 22raisedAlcohol Consumption
- AG ¶ 28(a)appliedBehavior That Casts Doubt on Judgment, Stability, Reliability, or Trustworthiness
- AG ¶ 28(b)appliedOpinion by a Qualified Mental Health Professional Indicating a Condition That May Impair Judgment, Stability, Reliability, or Trustworthiness
- AG ¶ 23(a)rejectedSo Much Time Has Passed, or the Behavior Was so Infrequent, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur
- AG ¶ 23(b)rejectedAcknowledgment of a Pattern of Maladaptive Alcohol Use and Evidence of Actions Taken to Overcome This Problem
- AG ¶ 29(a)rejectedCondition Is Readily Controllable with Treatment and Individual Has Demonstrated Ongoing Compliance
- AG ¶ 29(d)rejectedRecent Opinion by a Qualified Mental Health Professional That Condition Is Under Control or in Remission
- AG ¶ 29(e)rejectedNo Indication of a Current Problem
Key Rule Quoted
“There is no presumption of error below. The appealing party has the burden of raising and establishing that the Judge committed factual or legal error that is prejudicial.”
Procedural Posture
- SOR issuedAug 1, 2022
- Answer filed—
- Hearing heldJun 13, 2023
- Decision dateJan 4, 2024Appeal decision affirmed the denial.
Cite For
- Affirmation of Denial Based on Alcohol-related Incidents Under Guideline G
- Consideration of Psychological Conditions Under Guideline I
- Evaluation of Reliability and Trustworthiness in Security Clearance Cases