Summary
A 50-year-old defense contractor was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons cited a 2014 diagnosis of alcohol dependence and evidence of ongoing alcohol consumption, despite a recommendation for abstinence.
Additionally, the applicant had two criminal incidents. In August 2012, he was arrested and charged with assault and battery of his 22-year-old stepson following an altercation, during which the applicant had consumed several beers. In approximately February 2014, he was arrested and charged with Domestic Assault, resulting in two years of probation and orders to complete Alcohol Education and 12 weeks of Domestic Violence Training.
Despite acknowledging his past offenses and completing probation, the applicant did not provide sufficient evidence to mitigate the security concerns. He failed to demonstrate a clear pattern of abstinence or rehabilitation from alcohol use, which was linked to his past criminal behavior. These ongoing alcohol issues and unresolved criminal conduct raised doubts about his reliability and trustworthiness, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant did not provide sufficient evidence to mitigate security concerns related to alcohol dependence and criminal conduct.
- He failed to demonstrate a clear pattern of abstinence or rehabilitation from alcohol use, which was linked to past criminal behavior.
- Ongoing alcohol issues and unresolved criminal conduct raised doubts about his reliability and trustworthiness.
Conditions referenced
- AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
- AG ¶ 22(d)appliedDiagnosis by a Duly Qualified Medical or Mental Health Professional
- AG ¶ 22(e)appliedFailure to Follow Treatment Advice Once Diagnosed
- AG ¶ 22(f)appliedAlcohol Consumption Not in Accordance with Treatment Recommendations
- AG ¶ 31(a)appliedPattern of Minor Offenses
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 23(a)rejectedTime Has Passed or Behavior Was InfrequentThe applicant's alcohol issues are ongoing and unresolved.
- AG ¶ 23(b)rejectedAcknowledgment of Maladaptive Alcohol UseThe applicant did not demonstrate a clear pattern of modified consumption or abstinence.
- AG ¶ 23(c)rejectedParticipation in Counseling or Treatment ProgramThe applicant is not currently in treatment and has not established a support network.
- AG ¶ 23(d)rejectedSuccessful Completion of Treatment ProgramThe applicant did not provide sufficient evidence of successful rehabilitation.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJan 23, 2018
- Answer filedFeb 21, 2018
- Hearing heldAug 22, 2018
- Decision dateJan 9, 2019
Cite for
- Insufficient Mitigation of Alcohol Dependence Under Guideline G
- Ongoing Alcohol Issues Linked to Criminal Conduct Under Guideline J
- Failure to Demonstrate Rehabilitation Despite Completion of Probation