Summary
A 25-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The Statement of Reasons detailed multiple instances of drug use, including marijuana use approximately 50 times from February 2009 to 2012, which led to his expulsion from high school in 2009. Additionally, he used hallucinogenic drugs about six times between June 2010 and June 2014 while in college.
The applicant was also arrested and charged with Driving Under the Influence of Alcohol in September 2014, an incident cited twice in the allegations. Disqualifying conditions under Guidelines G and J were raised, while mitigating conditions under Guidelines G, J, and E were considered.
Ultimately, the clearance was denied because the applicant remained on probation for the DUI conviction, indicating ongoing issues with alcohol consumption. The judge found that the applicant's history of heavy drinking and criminal conduct raised doubts about his reliability and trustworthiness. Insufficient evidence was presented to demonstrate rehabilitation or a clear change in behavior regarding alcohol use, despite the applicant ceasing alcohol consumption and having limited past drug use.
Why the Applicant Was Denied
- The applicant was still on probation for a DUI conviction, indicating ongoing issues with alcohol consumption.
- The applicant's past heavy drinking and criminal conduct raised doubts about his reliability and trustworthiness.
- Insufficient evidence was presented to demonstrate rehabilitation or a clear change in behavior regarding alcohol use.
Conditions Referenced
- G 21(a)raisedAlcohol-related Incidents Away From Work
- G 21(c)raisedHabitual or Binge Consumption of Alcohol
- J 30(a)raisedPattern of Minor Offenses
- J 30(c)raisedCurrently on Parole or Probation
- G 23(a)rejectedTime Has Passed or Behavior Was InfrequentThe applicant was still on probation and had a history of heavy drinking.
- G 23(b)rejectedAcknowledgment of Alcohol Use and Evidence of Actions TakenThe applicant did not provide sufficient evidence of rehabilitation.
- J 32(a)rejectedTime Elapsed Since Criminal BehaviorInsufficient time had passed since the applicant's conviction.
- J 32(d)rejectedEvidence of Successful RehabilitationThe applicant was still on probation and did not demonstrate rehabilitation.
- E 17(c)appliedMinor Offense or Time Has PassedThe applicant's drug use was limited and ceased about three years ago.
- E 17(e)notedPositive Steps to Reduce Vulnerability
- E 17(g)notedAssociation with Criminal Activities Was Unwitting
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 30, 2016
- Answer filedNov 21, 2016
- Hearing heldFeb 28, 2017
- Decision dateJan 9, 2018
Cite For
- Evaluation of Alcohol Consumption Under Guideline G
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Consideration of Personal Conduct Issues Under Guideline E