Summary
A 37-year-old defense contractor and former Army service member was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline E (Personal Conduct). The Statement of Reasons detailed multiple alcohol-related incidents, including DUI arrests in March 2013, February 2017, and November 2019. The applicant also failed to report the 2019 DUI arrest.
Further allegations included consuming alcohol to the point of intoxication from age 17 to at least November 2022, and receiving alcohol treatment from February to November 2017. Non-alcohol-related incidents included an arrest in May 2015 for holding a firearm during an altercation, and domestic violence incidents in January and August 2017.
The administrative judge ultimately granted the clearance, finding that the applicant had maintained complete abstinence from alcohol since 2019. This commitment to sobriety was corroborated by character references. The judge concluded that the applicant's past conduct was unlikely to recur and did not undermine his current reliability and trustworthiness.
Why the Applicant Prevailed
- The applicant has maintained complete abstinence from alcohol since 2019, demonstrating a commitment to sobriety.
- Character references confirmed the applicant's sobriety and reliability since 2019.
- The applicant's past incidents were deemed unlikely to recur and did not cast doubt on his current judgment.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 23(a)appliedTime Has Passed or Behavior Unlikely to Recur
- AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Evidence of Actions Taken
- AG ¶ 17(c)appliedBehavior Unlikely to Recur Due to Time Passed or Unique Circumstances
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 17, 2025
- Answer filedMar 24, 2025
- Hearing heldApr 28, 2025
- Decision dateNov 28, 2025Decision delayed due to federal government shutdown.
Cite For
- Mitigation of Alcohol Consumption Concerns Under Guideline G
- Mitigation of Personal Conduct Concerns Under Guideline E
- Importance of Character References in Demonstrating Reliability and Trustworthiness