Summary
A 49-year-old defense contractor employee was denied a security clearance under Guideline G (Alcohol Consumption) due to multiple DUI arrests and ongoing concerns about his alcohol use. The Statement of Reasons cited a February 2005 DUI arrest, which resulted in a reckless driving conviction, and an April 2005 DUI arrest, which led to a conviction. An earlier DUI charge was dismissed without a guilty finding.
The applicant attended Alcoholics Anonymous meetings from approximately April 2005 to at least October 2006 and claimed abstinence since April 2005. However, the judge determined that these actions did not sufficiently mitigate the security risks. Disqualifying conditions 22(a) and 22(c) were raised, while mitigating conditions 23(a), 23(b), and 23(d) were considered but ultimately not applied to overcome the concerns.
The denial was based on the applicant's pattern of poor judgment and reliability demonstrated by the two alcohol-related arrests in 2005. Crucially, the applicant failed to provide evidence of long-term abstinence or rehabilitation extending beyond February 2007, leaving significant security concerns unmitigated.
Why the applicant was denied
- The applicant had two alcohol-related arrests in 2005, demonstrating a pattern of poor judgment and reliability issues.
- The applicant failed to provide evidence of long-term abstinence or rehabilitation beyond February 2007.
- The applicant's alcohol consumption history raised significant security concerns that were not mitigated.
Conditions referenced
- AC DC 22(a)raisedAlcohol-related Incidents Away From Work
- AC DC 22(c)rejectedHabitual or Binge Consumption of AlcoholInsufficient evidence to establish habitual or binge drinking.
- AC MC 23(a)rejectedTime Has Passed or Behavior Was InfrequentInsufficient evidence to conclude that incidents are unlikely to recur.
- AC MC 23(b)appliedAcknowledgment of Alcohol Issues and Pattern of AbstinenceThe applicant established a pattern of abstinence but did not provide evidence of continued abstinence post-probation.
- AC MC 23(d)rejectedSuccessful Completion of Counseling or RehabilitationNo evidence submitted regarding completion of alcohol counseling or rehabilitation.
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 or her security clearance.”
Procedural posture
- SOR issuedJan 25, 2007
- Answer filedFeb 13, 2007Applicant elected to have the case decided on the written record.
- Hearing held—Decision made based on written record.
- Decision dateJul 30, 2007
Cite for
- Denial of Security Clearance Due to Multiple DUI Arrests Under Guideline G
- Insufficient Evidence of Rehabilitation Despite Attendance at Alcoholics Anonymous
- Burden of Proof on Applicant to Demonstrate Consistency with National Interest for Security Clearance.