Summary
A 48-year-old chief technologist was granted a security clearance despite a history of alcohol-related offenses, which raised concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant admitted to four DUI charges between 1991 and 2016. Specifically, these included a March 1991 DUI resulting in a reckless driving conviction, an October 1996 DUI leading to 30 days of home confinement and three years of probation, an April 1997 DUI resulting in 270 days of confinement and five years of probation due to a previous violation, and a March 2016 DUI leading to a reckless driving conviction and probation until 2019.
The judge determined that the applicant had successfully mitigated these security concerns. He completed an alcohol management program and has maintained abstinence since January 2018.
Further mitigating factors included the time elapsed since his last alcohol-related incident, his proactive rehabilitation efforts, and character references. The applicant also provided evidence of his contributions to the Department of Defense, which supported his reliability and trustworthiness. Based on these factors, the security clearance was granted.
Why the applicant prevailed
- The applicant completed an alcohol management program and demonstrated a clear pattern of abstinence since January 2018.
- He provided character references and evidence of his contributions to the DoD, which supported his reliability and trustworthiness.
- The time elapsed since his last alcohol-related incident and his proactive steps towards rehabilitation mitigated the security concerns.
Conditions referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 31(a)raisedPattern of Minor Offenses
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 23(a)appliedTime Passed or Infrequent Behavior Unlikely to Recur
- AG ¶ 32(d)appliedSuccessful Completion of a Treatment Program
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior Unlikely to Recur
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
Key rule quoted
“The adjudicative process is designed to examine a sufficient period of an applicant’s life to enable predictive judgments to be made about whether the applicant is an acceptable security risk.”
Procedural posture
- SOR issuedMar 16, 2018
- Answer filedApr 4, 2018
- Hearing heldAug 2, 2018transcript received
- Decision dateDec 31, 2018
Cite for
- Mitigation of Alcohol-related Offenses Under Guideline G
- Successful Rehabilitation Efforts in the Context of Criminal Conduct Under Guideline J
- Whole-person Assessment in Security Clearance Determinations