Summary
A 32-year-old male applicant was denied eligibility for access to classified information due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The Statement of Reasons included allegations of multiple instances of driving under the influence (DUI), assault and strangulation of a family member, and general personal conduct issues related to criminal charges.
The applicant admitted to two DUI charges but denied other allegations, including assault. Disqualifying conditions were raised under AG ¶ 31(a), AG ¶ 31(b), AG ¶ 31(c), AG ¶ 16(c), AG ¶ 22(a), and AG ¶ 22(c). While mitigating conditions were considered under AG ¶ 32(a), AG ¶ 17(c), AG ¶ 23(a), and AG ¶ 23(b), they were not sufficient to overcome the security concerns.
The denial was based on the applicant's pattern of criminal misconduct, including two DUIs, which raised doubts about his judgment and reliability. The judge found that the applicant did not demonstrate sufficient rehabilitation or a change in behavior regarding alcohol consumption, noting that his most recent DUI occurred shortly after submitting his security clearance application.
Why the Applicant Was Denied
- The applicant has a pattern of criminal misconduct, including two DUIs, which raises doubts about his judgment and reliability.
- The applicant did not demonstrate sufficient rehabilitation or a change in behavior regarding alcohol consumption.
- The applicant's most recent DUI occurred shortly after submitting his security clearance application.
Conditions Referenced
- AG ¶ 31(a)raisedPattern of Minor Offenses
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 31(c)raisedCurrently on Parole or Probation
- AG ¶ 16(c)raisedCredible Adverse Information
- AG ¶ 22(a)raisedAlcohol-related Incidents
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's recent DUIs do not meet the criteria for this mitigating condition.
- AG ¶ 17(c)rejectedMinor Offense or Unlikely to RecurThe applicant's DUIs are not considered minor offenses.
- AG ¶ 23(a)rejectedTime Passed or Infrequent BehaviorThe applicant's recent DUI indicates ongoing issues with alcohol.
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol Use PatternThe applicant did not demonstrate a clear pattern of modified behavior.
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural Posture
- SOR issuedDec 21, 2018
- Answer filedFeb 21, 2019
- Hearing held—Decision made without a hearing.
- Decision dateJun 17, 2019
Cite For
- Denial Based on Pattern of Criminal Conduct Under Guideline J
- Impact of Alcohol-related Incidents on Security Clearance Eligibility Under Guideline G
- Failure to Demonstrate Rehabilitation in the Context of Ongoing Legal Issues.