Summary
A 49-year-old former Navy commander was denied a security clearance under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The denial stemmed from three alcohol-related arrests between 2003 and 2016, with the most recent incident in March 2016 resulting in probation that extends until 2021.
The Statement of Reasons alleged the applicant was ineligible due to excessive intoxicant use and engagement in criminal conduct. Disqualifying conditions under Guideline G included excessive alcohol use, while Guideline J cited criminal conduct. Although the applicant presented mitigating evidence, including therapy and AA attendance, the judge determined these efforts were insufficient.
The denial was based on the applicant's history of excessive alcohol use, which raised significant concerns regarding reliability and trustworthiness. Specifically, insufficient time had passed without incidents to establish confidence in the applicant's sobriety and judgment, leading to the ultimate denial of the security clearance.
Why the Applicant Was Denied
- The applicant had three alcohol-related arrests, the last occurring in March 2016, and is currently on probation until 2021.
- The applicant's history of excessive alcohol use raised significant concerns about reliability and trustworthiness.
- Insufficient time had passed without incidents to establish confidence in the applicant's sobriety and judgment.
Conditions Referenced
- AG ¶ 21raisedExcessive Alcohol Consumption
- AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
- AG ¶ 30raisedCriminal Activity Creates Doubt About Judgment
- AG ¶ 31(a)appliedPattern of Minor Offenses
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 31(c)appliedCurrently on Probation
- AG ¶ 23(a)rejectedTime Has Passed or Behavior Was InfrequentNot enough time has passed without an incident to establish confidence in the applicant's reliability.
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol Use and Actions TakenWhile the applicant acknowledged his issues, he continued to drink heavily for a significant period after starting treatment.
- AG ¶ 23(c)rejectedParticipation in Counseling or Treatment ProgramThe applicant's sobriety is in its early stages and not sufficiently established.
- AG ¶ 23(d)rejectedSuccessful Completion of Treatment ProgramThe applicant has not demonstrated a clear and established pattern of abstinence.
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedOct 26, 2017
- Answer filedDec 1, 2017
- Hearing heldApr 30, 2018
- Decision dateFeb 6, 2019
Cite For
- Denial Based on Multiple Alcohol-related Incidents Under Guideline G
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Insufficient Evidence of Rehabilitation Despite Recent Sobriety Efforts.