Summary
A 46-year-old retired Navy Senior Chief and current defense contractor was granted a security clearance despite concerns under Guideline G (Alcohol Consumption). The Statement of Reasons cited a history of excessive alcohol consumption, including a DUI arrest in December 2005, and three minor alcohol-related offenses between 1979 and 1981. The applicant had also been treated for a condition diagnosed as Alcohol Abuse.
Disqualifying conditions raised included G AC DC 22(a) through 22(e). However, the judge applied mitigating conditions G MC 22(a), 22(b), and 22(c). The applicant demonstrated full compliance with all conditions of his alcohol treatment program and pre-trial diversion agreement.
Expert testimony indicated that the applicant's alcohol consumption did not reflect a pattern of abuse or dependence. Crucially, the applicant has not had any alcohol-related incidents since December 2005. The judge concluded that the applicant fully mitigated the security concerns, and the clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated compliance with all conditions of his alcohol treatment program and pre-trial diversion agreement.
- The applicant's expert testimony indicated that his alcohol consumption did not reflect a pattern of abuse or dependence.
- The applicant has not had any alcohol-related incidents since December 2005.
Conditions Referenced
- G AC DC 22(a)raisedAlcohol-related Incidents Away From Work
- G AC DC 22(b)notedAlcohol-related Incidents at Work
- G AC DC 22(c)notedHabitual or Binge Consumption
- G AC DC 22(d)rejectedDiagnosis by a Qualified ProfessionalThe government did not meet its burden to establish that the diagnosis of 'Alcohol Abuse in remission' was made by a qualified professional.
- G AC DC 22(e)rejectedTreatment by a Recognized ProgramThe government did not provide evidence that the treatment was conducted by a licensed clinical social worker or recognized program.
- G MC 22(a)appliedNo Evidence of Habitual or Binge Drinking
- G MC 22(b)appliedSuccessful Completion of Treatment
- G MC 22(c)appliedEvidence of Rehabilitation
Key Rule Quoted
“"Excessive alcohol consumption often leads to the exercise of questionable judgment or the failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness."”
Procedural Posture
- SOR issuedDec 18, 2006
- Answer filedJan 15, 2007Applicant admitted five of six allegations.
- Hearing heldJun 21, 2007
- Decision dateJul 30, 2007
Cite For
- Mitigation of Alcohol-related Security Concerns Under Guideline G
- Evaluation of Compliance with Treatment Programs
- Assessment of Past Alcohol-related Incidents in Relation to Current Behavior