Summary
A 41-year-old employee at a federal defense company 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 alcohol-related incidents, including DUI arrests in 2004, 2017, and 2019. The 2004 incident resulted in a suspended 90-day confinement, probation, and fines, while the 2017 arrest led to a suspended six-month confinement, probation, and $500 in fines. The 2019 DUI resulted in a three-year license suspension and an order to attend the Virginia Alcohol and Safety Action Program (VASAP).
Further criminal conduct included a 2004 arrest for marijuana possession, which was resolved through deferred prosecution and supervised probation. In 2018, the applicant was found guilty of non-compliance with the VASAP program terms. The applicant was diagnosed with Alcohol Use Disorder – Moderate in both 2017 and 2020 and continued to consume alcohol despite recommendations to abstain.
The denial was based on the applicant's admitted pattern of multiple DUI offenses, continued alcohol consumption despite diagnosis and recommendations, and insufficient evidence of rehabilitation or modified behavior regarding alcohol use. Disqualifying conditions under Guideline G and J were raised, while mitigating conditions were considered but ultimately deemed insufficient to overcome the security concerns.
Why the applicant was denied
- The applicant admitted to multiple DUI offenses, demonstrating a pattern of poor judgment.
- The applicant continued to consume alcohol despite being diagnosed with Alcohol Use Disorder and recommendations to abstain.
- There was insufficient evidence of rehabilitation or a clear pattern of modified behavior regarding alcohol consumption.
Conditions referenced
- AG ¶ 21raisedAlcohol Consumption
- AG ¶ 30raisedCriminal Conduct
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol UseThe applicant did not acknowledge that his drinking has affected his life.
- AG ¶ 32(d)rejectedEvidence of RehabilitationThe applicant has not demonstrated successful rehabilitation or compliance with treatment recommendations.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedOct 28, 2021
- Answer filed—Applicant requested a decision based on the written record.
- Hearing held—Decision based on written record.
- Decision dateMar 10, 2022
Cite for
- Denial of Security Clearance Due to Multiple DUI Offenses Under Guideline J
- Failure to Mitigate Alcohol Consumption Concerns Under Guideline G
- Insufficient Evidence of Rehabilitation in Alcohol-related Cases