Summary
A 48-year-old avionics supervisor and U.S. Navy veteran was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). These concerns stemmed from a history of alcohol-related arrests between 1991/1992 and February 2016.
Specifically, the applicant faced five arrests for driving under the influence (DUI). In February 2006, he was arrested for DUI, speeding, no insurance, and no seatbelt, with the DUI charge later reduced and dismissed. In December 2010, he was arrested for DUI and speeding, with the DUI charge dismissed. January 2015 saw another arrest for DUI and speeding on an Army base, which was later dismissed. In December 2015, he was arrested for DUI, speeding, illegal lane change, no insurance, and no registration, with all charges except speeding eventually dismissed. His final DUI arrest occurred in February 2016, leading to a plea of no contest to reckless driving, 12 months’ probation, alcohol awareness classes, and community service, all successfully completed by June 2017.
Following his last arrest, the applicant self-referred to the Army Substance Abuse Program in February 2016, where he was diagnosed with Alcohol Use Disorder (Moderate). He successfully completed outpatient treatment, including Alcoholics Anonymous meetings, and has maintained abstinence from alcohol since February 2016. His demonstrated rehabilitation and commitment to sobriety led to the granting of his security clearance.
Why the applicant prevailed
- The applicant successfully completed an alcohol treatment program and has maintained abstinence since February 2016.
- He demonstrated a commitment to sobriety by regularly attending Alcoholics Anonymous meetings.
- The applicant's past conduct does not cast doubt on his current reliability and trustworthiness.
Conditions referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(d)raisedDiagnosis of Alcohol Use Disorder
- AG ¶ 31(a)raisedPattern of Minor Offenses
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Actions Taken to Overcome It
- AG ¶ 23(d)appliedSuccessful Completion of a Treatment Program
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant’s meeting the criteria contained in the AG.”
Procedural posture
- SOR issuedJun 19, 2017
- Answer filedAug 1, 2017
- Hearing heldJun 5, 2018
- Decision dateDec 26, 2018
Cite for
- Successful Rehabilitation and Abstinence From Alcohol Under Guideline G
- Mitigation of Criminal Conduct Concerns Under Guideline J
- Whole-person Analysis in Security Clearance Determinations