Summary
A 44-year-old unmanned aerial systems instructor and former Navy service member was granted a security clearance despite concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The allegations included a history of alcohol consumption from approximately 2005 to 2023, with multiple arrests for public intoxication, resisting arrest, drunk in public, and driving under the influence between 2018 and 2023. He was also charged with drinking on the beach in 2011 and domestic violence battery with alcohol involvement in 2005.
Further concerns involved a positive urinalysis for cocaine in 2004 and allegations of falsifying a Security Clearance Application (SCA) in May 2017 by failing to disclose the 2011 drinking charge and 2016 marijuana use. The judge considered these issues, applying disqualifying conditions related to alcohol consumption, criminal conduct, and personal conduct.
However, the judge found that the applicant had successfully mitigated these concerns. He demonstrated a three-year period of alcohol abstinence prior to the hearing and provided credible evidence of rehabilitation, including positive evaluations from a certified alcohol and drug counselor. The applicant's testimony and witness statements supported his commitment to sobriety and personal responsibility, leading to the security clearance being GRANTED.
Why the Applicant Prevailed
- The applicant demonstrated a significant period of abstinence from alcohol, having stopped drinking three years prior to the hearing.
- He provided credible evidence of rehabilitation, including positive evaluations from a certified alcohol and drug counselor.
- The applicant's testimony and supporting statements from witnesses indicated a commitment to sobriety and personal responsibility.
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 ¶ 25(b)raisedTesting Positive for an Illegal Drug
- AG ¶ 23(a)appliedTime Has Passed Since the Disqualifying Conduct
- AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Evidence of Actions Taken to Overcome It
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
- AG ¶ 16(a)rejectedDeliberate Omission or Falsification of Relevant FactsThe judge found that the applicant did not deliberately fail to disclose relevant information.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedMar 4, 2025
- Answer filedApr 18, 2025
- Hearing heldJan 22, 2026Rescheduled due to federal government shutdown.
- Decision dateFeb 19, 2026
Cite For
- Mitigation of Alcohol-related Concerns Under Guideline G
- Successful Rehabilitation After Criminal Conduct Under Guideline J
- Consideration of Personal Conduct and Honesty Under Guideline E