Summary
A 38-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The Statement of Reasons cited the applicant's alcohol-related criminal conduct as reflecting questionable judgment and an unwillingness to comply with rules. Specifically, the applicant was cited in 1998 for minor in possession of alcohol and had two alcohol-related driving offenses, which were also cross-alleged under criminal conduct.
The denial was based on the applicant's history of multiple alcohol-related offenses, including DUI and DWI, which raised doubts about his reliability and trustworthiness. A significant factor was that the applicant remained on probation for his most recent alcohol-related offense, indicating ongoing issues.
Although the applicant completed alcohol counseling and expressed a commitment to sobriety, the judge determined that his past conduct continued to cast doubt on his current reliability and judgment. Disqualifying conditions were raised under AG ¶ 16(c), AG ¶ 16(e), AG ¶ 22(a), AG ¶ 31(b), and AG ¶ 31(c), while mitigating conditions AG ¶ 23(b), AG ¶ 23(d), and AG ¶ 17(e) were applied but ultimately insufficient to overcome the concerns.
Why the Applicant Was Denied
- The applicant has a history of multiple alcohol-related offenses, including DUI and DWI, which raised concerns about his reliability and trustworthiness.
- The applicant remains on probation for his most recent alcohol-related offense, indicating ongoing issues with alcohol consumption.
- Despite completing alcohol counseling, the judge found that the applicant's past conduct continued to cast doubt on his current reliability and judgment.
Conditions Referenced
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 31(c)appliedCurrently on Parole or Probation
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol Use and Evidence of Actions Taken to Overcome ItWhile the applicant completed counseling, the judge found it insufficient to mitigate concerns due to ongoing probation.
- AG ¶ 23(d)rejectedSuccessful Completion of a Treatment ProgramThe applicant's completion of treatment was noted, but the judge found it did not overcome the concerns raised by his criminal conduct.
- AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability to ExploitationThe applicant informed his supervisor about his arrest, which mitigated some vulnerability concerns.
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 issuedJul 3, 2018
- Answer filedAug 14, 2018
- Hearing heldDec 14, 2018
- Decision dateJan 10, 2019
Cite For
- Evaluation of Alcohol-related Offenses Under Guideline G
- Impact of Ongoing Probation on Security Clearance Eligibility
- Consideration of Personal Conduct Under Guideline E in Relation to Alcohol-related Criminal Conduct