Summary
This case concerns a 52-year-old software engineer who was granted a security clearance despite a history of three arrests for driving under the influence (DUI). The Statement of Reasons (SOR) detailed a February 2014 arrest for DUI, resulting in a guilty plea, a suspended jail sentence, and two years’ probation until January 2017. Additionally, the SOR cited a DUI arrest in October 1989, to which the applicant also pled guilty, and another DUI arrest in April 1988. These incidents raised concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct).
The judge ultimately granted the clearance, finding that the applicant had taken significant steps toward rehabilitation. Key mitigating factors included the applicant's complete abstinence from alcohol since July 2016 and regular attendance at Alcoholics Anonymous meetings. The applicant acknowledged the negative impact of his past alcohol use and proactively addressed it.
Further supporting the decision were the applicant's long-standing employment in a responsible position and positive character references. These actions demonstrated a commitment to sobriety and mitigated the security concerns raised by his past conduct, leading to the granting of his eligibility for access to classified information.
Why the Applicant Prevailed
- The applicant demonstrated a commitment to sobriety by practicing complete abstinence from alcohol since July 2016.
- The applicant acknowledged the negative impact of his past alcohol use and took proactive steps to address it, including attending Alcoholics Anonymous meetings.
- The applicant's long-standing employment in a responsible position and positive character references supported his case.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 31(a)raisedPattern of Minor Offenses
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- 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 ¶ 17(c)appliedBehavior Unlikely to Recur
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant’s meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedJul 18, 2016
- Answer filed—
- Hearing heldMay 23, 2017
- Decision date—Decision issued after the amended AG effective June 8, 2017.
Cite For
- Mitigation of Alcohol-related Incidents Under Guideline G
- Successful Rehabilitation and Abstinence as Mitigating Factors Under Guidelines J and E
- Whole-person Assessment in Security Clearance Determinations.