Summary
A 46-year-old defense contractor's security clearance was GRANTED despite allegations under Guidelines J (Criminal Conduct), G (Alcohol Consumption), and E (Personal Conduct). The Statement of Reasons detailed multiple arrests, including DUIs in approximately 2008 and 2022, and several domestic-related incidents in about 2009, 2012, 2013, and 2015. Additionally, the applicant was alleged to have denied a court order for alcohol treatment following his 2022 DUI arrest and to have engaged in actions involving questionable judgment and a lack of candor.
Disqualifying conditions were raised under AG ¶ 30, AG ¶ 21, and AG ¶ 15. However, the administrative judge applied several mitigating conditions, specifically AG ¶ 32(a), AG ¶ 32(d), AG ¶ 23(a), AG ¶ 23(b), AG ¶ 17(c), and AG ¶ 17(d).
The clearance was granted because the applicant successfully completed probation for his 2022 DUI, which did not result in a state law conviction. The judge noted a significant time gap between alcohol-related incidents, with 14 years passing since the earliest one. The applicant also demonstrated rehabilitation through community involvement and positive personal changes.
Why the Applicant Prevailed
- The applicant successfully completed probation for his DUI charge, which did not result in a conviction under state law.
- There was a significant time gap between the applicant's alcohol-related incidents, with the last occurring 14 years prior to the decision.
- The applicant demonstrated rehabilitation through community involvement and positive changes in his personal life.
Conditions Referenced
- AG ¶ 30raisedCriminal Conduct
- AG ¶ 21raisedAlcohol Consumption
- AG ¶ 15raisedPersonal Conduct
- AG ¶ 32(a)appliedCriminal Conduct Mitigation
- AG ¶ 32(d)appliedCriminal Conduct Mitigation
- AG ¶ 23(a)appliedAlcohol Consumption Mitigation
- AG ¶ 23(b)appliedAlcohol Consumption Mitigation
- AG ¶ 17(c)appliedPersonal Conduct Mitigation
- AG ¶ 17(d)appliedPersonal Conduct Mitigation
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 issuedOct 2, 2024
- Answer filedNov 27, 2024
- Hearing heldSep 18, 2025Hearing conducted as scheduled.
- Decision dateFeb 20, 2026Decision delayed due to government shutdown.
Cite For
- Mitigation of Past Criminal Conduct Under Guideline J
- Successful Rehabilitation and Community Involvement as Mitigating Factors
- Resolution of Doubts in Favor of National Security Eligibility