Summary
A 29-year-old cybersecurity analyst was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant had a history of multiple DUI arrests, specifically in January 2013, September 2015, and June 2018. Following the 2015 arrest, the applicant was diagnosed with a severe alcohol-use disorder and received treatment in October 2015. However, the applicant continued to use alcohol from November 2015 until the June 2018 DUI arrest, contrary to treatment recommendations.
After the final DUI, the applicant enrolled in a 12-week treatment program starting in July 2018 and reported abstaining from alcohol since June 2018. While these steps were noted, the judge determined that the applicant had not demonstrated a clear and established pattern of abstinence for a sufficient duration.
Ultimately, the security clearance was denied because the multiple DUI arrests indicated a pattern of alcohol-related incidents, and the most recent DUI was considered too recent to mitigate the security concerns.
Why the Applicant Was Denied
- The applicant had multiple DUI arrests, indicating a pattern of alcohol-related incidents.
- The applicant failed to demonstrate a clear and established pattern of abstinence from alcohol for a sufficient duration.
- The applicant's last DUI incident was too recent to mitigate the security concerns.
Conditions Referenced
- AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
- AG ¶ 22(d)appliedDiagnosis of Alcohol Use Disorder
- AG ¶ 22(e)appliedFailure to Follow Treatment Advice
- AG ¶ 31(a)appliedPattern of Minor Offenses
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 31(c)appliedCurrently on Parole or Probation
- AG ¶ 23(a)rejectedTime Passed or Unusual CircumstancesInsufficient time has passed since the last DUI to establish this mitigating condition.
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol Use and Actions TakenWhile the applicant acknowledged his alcohol issues, the time since his last DUI was not sufficient to demonstrate a clear pattern of abstinence.
- AG ¶ 23(d)rejectedSuccessful Completion of Treatment ProgramAlthough the applicant completed treatment, the recent nature of his last DUI undermined the demonstration of successful rehabilitation.
Key Rule Quoted
“Security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedAug 31, 2018
- Answer filedSep 19, 2018
- Hearing heldMay 23, 2019
- Decision dateJun 7, 2019
Cite For
- Denial Based on Multiple DUI Incidents Under Guideline J
- Insufficient Time for Rehabilitation Under Guideline G
- Impact of Recent Alcohol-related Conduct on Security Clearance Eligibility