Summary
A 40-year-old government contractor was denied a security clearance under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct) due to a history of alcohol-related criminal offenses. The Statement of Reasons detailed six alcohol-related criminal charges, including two DUIs, a conviction for intoxication and criminal trespass, and a public intoxication charge that was dismissed. Another intoxication charge was reduced to disorderly conduct through a plea in abeyance. The applicant also consumed alcohol to the point of intoxication from 2003 to September 2022 and was court-ordered to attend substance-abuse counseling from August 2011 to February 2012.
Disqualifying conditions were raised under both guidelines, specifically AG ¶ 31(a), AG ¶ 31(b), AG ¶ 22(a), and AG ¶ 22(c). While mitigating conditions AG ¶ 32(a), AG ¶ 32(d), AG ¶ 23(a), AG ¶ 23(b), and AG ¶ 23(d) were applied, they were insufficient to overcome the security concerns.
The denial was based on the applicant's multiple alcohol-related offenses, including two DUIs, and inconsistent testimony regarding alcohol consumption, which raised doubts about his reliability and trustworthiness. The judge concluded that the applicant failed to provide sufficient evidence of successful rehabilitation or a clear pattern of modified alcohol consumption.
Why the applicant was denied
- The applicant had multiple alcohol-related offenses, including two DUIs and other alcohol-related arrests.
- Inconsistent testimony regarding alcohol consumption raised doubts about the applicant's reliability and trustworthiness.
- The applicant failed to provide sufficient evidence of successful rehabilitation or a clear pattern of modified alcohol consumption.
Conditions referenced
- AG ¶ 31(a)appliedPattern of Criminal Conduct
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 22(a)appliedAlcohol-related Incidents
- AG ¶ 22(c)appliedHabitual or Binge Consumption
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's past alcohol-related offenses were too recent and numerous to mitigate concerns.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant's inconsistent claims about alcohol consumption and lack of corroboration undermined claims of rehabilitation.
- AG ¶ 23(a)rejectedTime Passed or Infrequent BehaviorThe applicant's history of alcohol-related incidents was too significant to consider this mitigating.
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol Use and Actions TakenThe applicant's claims of modified consumption were not credible.
- AG ¶ 23(d)rejectedCompletion of Treatment ProgramThe applicant's past treatment did not lead to a clear pattern of abstinence.
Key rule quoted
“Criminal activity creates doubt about a person’s judgment, reliability, and trustworthiness.”
Procedural posture
- SOR issuedOct 26, 2022
- Answer filedFeb 23, 2023
- Hearing heldNov 6, 2023
- Decision dateFeb 7, 2024
Cite for
- Denial of Security Clearance Due to Multiple Alcohol-related Offenses
- Inconsistencies in Applicant's Testimony Regarding Alcohol Consumption
- Failure to Demonstrate Successful Rehabilitation After Criminal Conduct