Summary
A 51-year-old director at a defense contractor was granted a security clearance after addressing concerns under Guidelines G (Alcohol Consumption), I (Psychological Conditions), and J (Criminal Conduct). The Statement of Reasons cited a May 2021 nolo contendere plea to driving under the influence (DUI) following an arrest in 2020. Additionally, it noted a 2020 diagnosis of bipolar disorder, with psychiatric treatment from approximately 2011 to 2021. The applicant discontinued treatment and medication against medical advice in June 2021 and had not returned to her psychiatrist. A January 2022 DoD-connected psychological evaluation acknowledged her history of bipolar disorder but she denied needing continuous treatment.
Disqualifying conditions were raised under Alcohol Consumption (AG ¶ 22(a)) and Psychological Conditions (AG ¶ 28(a), AG ¶ 28(b)). However, the judge applied several mitigating conditions, including those related to alcohol rehabilitation (AG ¶ 23(a), AG ¶ 23(b)), psychological stability (AG ¶ 29(a), AG ¶ 29(b), AG ¶ 29(d), AG ¶ 29(e)), and the passage of time (AG ¶ 32(a), AG ¶ 32(d)).
The clearance was granted because the applicant successfully demonstrated abstinence from alcohol since her 2020 DUI arrest. Her testimony was found credible and supported by witness statements regarding her character and reliability. Furthermore, her psychological evaluations indicated stability and no current issues, effectively mitigating concerns under Guideline I.
Why the applicant prevailed
- The applicant successfully demonstrated abstinence from alcohol since her DUI arrest in 2020.
- She provided credible testimony and corroborating witness statements regarding her character and reliability.
- The applicant's psychological evaluations indicated stability and no current issues, mitigating concerns under Guideline I.
Conditions referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 28(a)raisedBehavior That Casts Doubt on an Individual's Judgment
- AG ¶ 28(b)raisedAn Opinion by a Duly Qualified Mental Health Professional
- AG ¶ 23(a)appliedTime Has Passed or Behavior Was Infrequent
- AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Evidence of Actions Taken
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
- AG ¶ 29(a)appliedCondition Is Readily Controllable with Treatment
- AG ¶ 29(b)appliedVoluntary Entry Into Treatment with Favorable Prognosis
- AG ¶ 29(d)appliedPast Condition Was Temporary and Resolved
- AG ¶ 29(e)appliedNo Indication of a Current Problem
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedMar 21, 2022
- Answer filedJun 30, 2022
- Hearing heldNov 30, 2023
- Decision dateJul 3, 2024
Cite for
- Successful Rehabilitation of Alcohol-related Issues Under Guideline G
- Mitigation of Criminal Conduct Concerns Through Time and Evidence of Good Character
- Resolution of Psychological Conditions with Favorable Evaluations and Ongoing Stability