Summary
A 34-year-old male applicant was denied a security clearance under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct) due to a history of multiple DUI offenses and ongoing alcohol consumption.
The Statement of Reasons detailed several incidents, beginning in August 2007 with an arrest for Driving Under the Influence (DUI). Subsequent charges included Minor in Possession of Alcohol in April 2008, DUI and Refusal to Submit to a Preliminary Breath Test in August 2009, and another DUI with Refusal to Submit and Failure to Maintain a Single Lane in November 2014. In April 2018, the applicant faced an arrest warrant and additional charges for Possession of Marijuana and Use/Possession with Intent to Use. He pleaded guilty in June 2018 to DUI (his second conviction) and Incapable of Safely Driving.
Despite some time having passed since his last offense, the judge found insufficient evidence of rehabilitation or behavioral change. The applicant continued to consume alcohol regularly, contrary to prior treatment recommendations to abstain. Consequently, the judge concluded that granting clearance was not consistent with national interest, and the application was denied.
Why the Applicant Was Denied
- The applicant had multiple DUI convictions and alcohol-related incidents, raising significant security concerns.
- Insufficient evidence of rehabilitation or behavioral change was presented by the applicant.
- The applicant continued to consume alcohol regularly despite prior treatment recommendations to abstain.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 31(a)raisedPattern of Minor Offenses
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 23(a)appliedTime Passed Since Last Offense
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol Problem and Evidence of Actions TakenThe applicant did not acknowledge an alcohol problem and continued to consume alcohol.
- AG ¶ 23(c)rejectedParticipation in Counseling or Treatment ProgramThe applicant was not participating in any treatment or recovery programs.
- AG ¶ 23(d)rejectedSuccessful Completion of Treatment ProgramThe applicant did not demonstrate a clear pattern of abstinence or compliance with treatment recommendations.
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 issuedAug 8, 2022
- Answer filedAug 22, 2022
- Hearing held—Decided on written record without a hearing.
- Decision dateMar 15, 2023
Cite For
- Insufficient Evidence of Rehabilitation Under Guideline G
- Pattern of Criminal Conduct Under Guideline J
- Impact of Ongoing Alcohol Consumption on Security Clearance Eligibility