Summary
A 30-year-old project manager sought to retain his security clearance despite a history of alcohol-related arrests and drug use. The Statement of Reasons raised concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). Specific allegations included marijuana use with coworkers between 2008 and 2010, and multiple alcohol-related charges. These charges involved operating a vessel under the influence, driving under the influence with a .12% blood alcohol content, and another instance of driving under the influence combined with speeding. Additionally, the applicant was found in violation of probation terms related to an August 2011 arrest.
Despite admitting to these allegations, the applicant demonstrated significant personal growth and rehabilitation. He completed a voluntary substance abuse program in 2014 and has not consumed alcohol or used drugs since 2010.
The decision to grant the clearance was supported by positive character references, which attested to the applicant's reliability and work ethic. The judge concluded that the applicant's past conduct did not pose a current security risk, leading to a favorable outcome.
Why the Applicant Prevailed
- The applicant completed a voluntary substance abuse program in 2014, demonstrating rehabilitation.
- He has not consumed alcohol or used drugs since 2010, indicating a change in behavior.
- Positive character references supported the applicant's reliability and work ethic.
Conditions Referenced
- Guideline JraisedCriminal ConductThe Government established a case for disqualification based on the applicant's alcohol-related arrests.
- Guideline GraisedAlcohol ConsumptionThe Government demonstrated the applicant's history of alcohol-related arrests.
- Guideline HraisedDrug InvolvementThe Government established a case for disqualification based on the applicant's illegal drug use.
- Guideline EnotedPersonal Conduct
- Guideline JappliedCriminal ConductThe applicant's completion of sentencing requirements and positive life changes mitigated concerns.
- Guideline GappliedAlcohol ConsumptionThe applicant's long period of abstinence and completion of a substance abuse program mitigated concerns.
- Guideline HappliedDrug InvolvementThe applicant's minimal and infrequent drug use, along with significant time elapsed since use, mitigated concerns.
- Guideline ErejectedPersonal ConductThe Government failed to establish a case for disqualification under this guideline.
Key Rule Quoted
“The Government must prove, by substantial evidence, controverted facts alleged in the SOR.”
Procedural Posture
- SOR issuedSep 27, 2016
- Answer filed—
- Hearing heldSep 28, 2017
- Decision dateDec 20, 2018
Cite For
- Mitigation of Alcohol-related Offenses Under Guideline G
- Successful Rehabilitation Efforts in the Context of Substance Abuse
- Consideration of Personal Circumstances in Security Clearance Decisions