Summary
A 46-year-old federal contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant had a history of alcohol consumption, at times to the point of intoxication, from about age 15 to at least July 2017. This history included three alcohol-related arrests: a DUI in July 2015, a second DUI in September 2016, and a third DUI in June 2017. The applicant notified security officials at her workplace about this misconduct.
The applicant received treatment for alcohol abuse disorder from October 2015 to October 2017. However, she continued to consume alcohol in violation of probation and against medical advice during this treatment period. The judge noted that the applicant's BAC levels during her arrests indicated excessive consumption.
Ultimately, the denial was based on the applicant's continued alcohol consumption and criminal behavior, which raised significant security concerns. She relapsed in December 2019 and did not return to AA meetings or seek further professional support, failing to demonstrate sufficient rehabilitation or abstinence from alcohol.
Why the Applicant Was Denied
- The applicant had three alcohol-related arrests in 2015, 2016, and 2017, with high BAC levels indicating excessive consumption.
- She continued to consume alcohol in violation of probation and against medical advice during treatment.
- The applicant relapsed in December 2019 and did not return to AA meetings or seek further professional support.
Conditions Referenced
- AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
- AG ¶ 22(b)appliedAlcohol-related Incidents at Work
- AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
- AG ¶ 31(a)appliedPattern of Minor Offenses
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 31(d)appliedViolation of Probation
- AG ¶ 23(a)rejectedTime Has Passed or Behavior Unlikely to Recur
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol Use and Evidence of Actions Taken
- AG ¶ 23(c)rejectedParticipation in Counseling or Treatment Program
- AG ¶ 23(d)rejectedSuccessful Completion of Treatment Program
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 29, 2020
- Answer filed—
- Hearing heldMar 22, 2022via live video feed
- Decision dateJun 30, 2022
Cite For
- Failure to Mitigate Alcohol Consumption Concerns Under Guideline G
- Failure to Mitigate Criminal Conduct Concerns Under Guideline J
- Consideration of the Whole-person Concept in Security Clearance Decisions.