Summary
A 59-year-old Principle Specialist with military service was denied a security clearance under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The denial stemmed from a pattern of alcohol-related offenses and criminal conduct spanning from 1999 to 2016, raising concerns about the applicant's reliability and trustworthiness.
The applicant's history included multiple DUI arrests in 1999, 2003 (twice), 2011, 2012, and 2016, with one 2016 incident showing a .17 BAC. Other alcohol-related incidents included a 2013 arrest for Breaking and Entering, Illegal Entry, and Larceny, and a 2015 probation violation detected through substance abuse testing. The applicant was diagnosed with Alcohol Abuse in 2003 and enrolled in the Army Substance Abuse Program, but later discontinued alcohol treatment against advice in 2018. Additionally, the applicant faced a 2015 Criminal Trespass charge and a 2008 Domestic Violence arrest, though the latter was not alcohol-related and was considered mitigated.
Despite periods of sobriety and evidence of professional competence, the judge found insufficient evidence of rehabilitation. Consequently, the applicant was denied eligibility for access to classified information.
Why the Applicant Was Denied
- The applicant had a history of multiple DUIs and alcohol-related offenses from 1999 to 2016.
- The judge found insufficient evidence of rehabilitation and ongoing concerns about the applicant's reliability and trustworthiness.
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 ¶ 31(a)appliedPattern of Minor Offenses
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 31(d)appliedViolation of Probation
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol Use and Actions TakenThe applicant did not demonstrate a clear and established pattern of modified consumption or abstinence.
- AG ¶ 23(d)rejectedSuccessful Completion of a Treatment ProgramThe applicant's treatment was discontinued against advice.
Key Rule Quoted
“"Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security."”
Procedural Posture
- SOR issuedMar 26, 2021
- Answer filedNov 5, 2021
- Hearing heldAug 25, 2022
- Decision dateNov 2, 2022
Cite For
- Insufficient Evidence of Rehabilitation Under Guideline G
- Pattern of Alcohol-related Offenses Impacting Security Clearance Under Guideline J
- Importance of Demonstrating a Clear and Established Pattern of Modified Consumption or Abstinence for Mitigating Conditions