Summary
A 36-year-old defense contractor was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons included multiple allegations, all of which the applicant admitted in his response, providing explanations for the incidents.
The disqualifying conditions raised included AG ¶ 31(a), AG ¶ 31(c), AG ¶ 22(b), and AG ¶ 22(c). However, the administrative judge applied several mitigating conditions: AG ¶ 32(a), AG ¶ 32(b), AG ¶ 32(d), and AG ¶ 23(a).
The decision to grant the clearance was based on the applicant demonstrating significant rehabilitation, with a considerable amount of time having passed since the last incident of criminal conduct. Key factors included his current stable family life, including custody of his son, and strong support and recommendations from his employer regarding his character and reliability.
Why the applicant prevailed
- The applicant demonstrated significant rehabilitation and time elapsed since the last incident of criminal conduct.
- The applicant's current stable family life and custody of his son were considered positive changes.
- The applicant's employer provided strong support and recommendations for his character and reliability.
Conditions referenced
- AG ¶ 31(a)raisedCriminal Conduct Disqualifying Condition
- AG ¶ 31(c)raisedCriminal Conduct Disqualifying Condition
- AG ¶ 22(b)raisedAlcohol Consumption Disqualifying Condition
- AG ¶ 22(c)raisedAlcohol Consumption Disqualifying Condition
- AG ¶ 32(a)appliedCriminal Conduct Mitigating ConditionThe applicant's criminal behavior occurred a significant time ago and under unusual circumstances.
- AG ¶ 32(b)appliedCriminal Conduct Mitigating ConditionThe applicant was pressured into committing acts of domestic violence, which are no longer present.
- AG ¶ 32(d)appliedCriminal Conduct Mitigating ConditionEvidence of successful rehabilitation was presented, including completion of treatment programs.
- AG ¶ 23(a)appliedAlcohol Consumption Mitigating ConditionThe applicant's alcohol-related incidents are remote in time and he has moderated his drinking.
Key rule quoted
“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural posture
- SOR issuedJul 3, 2007
- Answer filedJul 25, 2007
- Hearing heldSep 20, 2007conducted by video teleconference
- Decision dateOct 15, 2007
Cite for
- Mitigation of Criminal Conduct Through Rehabilitation Under Guideline J
- Mitigation of Alcohol Consumption Issues Through Time and Changed Circumstances Under Guideline G
- Whole Person Assessment in Security Clearance Determinations.