Summary
A 49-year-old graphic designer was denied a security clearance under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct) due to a history of alcohol-related incidents and criminal behavior. The Statement of Reasons detailed two specific incidents. In December 2016, the applicant was arrested and charged with DWI, refusing a blood or breath test, and running a stop sign. He was convicted of DWI in January 2017, receiving a suspended 30-day jail sentence, a $250 fine, and three years of unsupervised probation. Additionally, in March 2017, he was arrested for public intoxication and swearing, resulting in a conviction and a $25 fine.
The judge considered the applicant's efforts toward rehabilitation, which included attending Alcoholics Anonymous and therapy. However, the decision highlighted that insufficient time had passed since the applicant's last alcohol-related misconduct to establish a clear pattern of abstinence.
Ultimately, the judge found that the applicant's multiple alcohol-related incidents, including a DWI conviction and public intoxication charge, and his criminal conduct raised doubts about his judgment and reliability, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant had multiple alcohol-related incidents, including a DWI conviction and public intoxication charge.
- Insufficient time had passed since the applicant's last alcohol-related misconduct to establish a clear pattern of abstinence.
- The applicant's criminal conduct raised doubts about his judgment and reliability.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 31(c)raisedCurrently on Probation
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol Use and Actions TakenInsufficient time had passed to establish a clear and established pattern of abstinence.
- AG ¶ 23(c)appliedParticipation in Counseling or Treatment Program
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationInsufficient time has passed to demonstrate successful rehabilitation.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedJul 31, 2017
- Answer filedAug 24, 2017
- Hearing held—Decision made on the record without a hearing.
- Decision dateFeb 22, 2018
Cite For
- Denial Based on Recent Alcohol-related Incidents Under Guideline G
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Insufficient Time for Rehabilitation to Mitigate Security Concerns.