Summary
A 43-year-old audio-visual technician employed by a defense contractor was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons detailed a history of alcohol abuse from 2009 to late November 2014, including multiple charges related to driving while impaired or under the influence. Specific incidents included charges in April 2012 and March 2013 for driving under the influence or attempting to drive while impaired, and a November 2014 charge for driving under the influence of alcohol per se. One incident in April 2012 involved the applicant in his car with the key in the ignition but the engine off, 100 yards from his home, leading to probation and an order to attend an alcohol awareness program and AA meetings. Another in November 2014 involved him asleep in his car in a convenience store parking lot with the engine off.
The judge found that the applicant had successfully mitigated the security concerns. He demonstrated significant rehabilitation and maintained abstinence from alcohol since late 2014. This was supported by his compliance with all court-ordered treatment and participation in additional counseling programs.
Furthermore, positive character references from employers and community members attested to his reliability and work ethic. Based on this evidence of sustained recovery and positive conduct, the applicant's security clearance was granted.
Why the applicant prevailed
- The applicant has maintained abstinence from alcohol since late 2014, demonstrating a commitment to recovery.
- He complied with all court-ordered treatment and participated in additional counseling programs.
- Positive character references from employers and community members supported his reliability and work ethic.
Conditions referenced
- G ¶ 22raisedAlcohol Consumption
- J ¶ 31raisedCriminal Conduct
- G ¶ 23(b)appliedAlcohol ConsumptionThe applicant acknowledged his pattern of alcohol use and demonstrated a clear pattern of abstinence.
- J ¶ 32(d)appliedCriminal ConductThe applicant completed all sentencing requirements and has shown evidence of successful rehabilitation.
Key rule quoted
“The Government must prove, by substantial evidence, controverted facts alleged in the SOR.”
Procedural posture
- SOR issuedSep 19, 2016
- Answer filed—
- Hearing heldJul 12, 2017
- Decision dateSep 7, 2018
Cite for
- Mitigation of Alcohol-related Incidents Under Guideline G
- Successful Rehabilitation in the Context of Criminal Conduct Under Guideline J
- The Importance of Character References in Security Clearance Determinations