Summary
A 43-year-old electronic technician was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant's history included multiple alcohol-related incidents, beginning with an arrest in November 1998 for operating a vehicle while consuming alcohol. He reported a December 2001 DUI arrest and, in December 2005, drove home after consuming approximately seven beers at a work party, resulting in another DUI conviction for which he remains on probation.
Further concerns arose from a September 2006 misdemeanor assault conviction, for which he received six months probation and was ordered to avoid a specific child, a condition he has met. While the applicant has shown some positive behavioral changes and good job performance, these were not sufficient to mitigate the security risks.
The denial was based on the applicant's ongoing probation for the December 2005 DUI, his failure to demonstrate a commitment to abstain from alcohol despite acknowledging his issues, and his recent criminal conduct, which raised doubts about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant is still on probation from his December 2005 DUI conviction.
- He has not demonstrated a commitment to abstain from alcohol despite acknowledging his issues with alcohol consumption.
- The applicant's recent criminal conduct raises doubts about his reliability and trustworthiness.
Conditions Referenced
- DC ¶ 22(a)raisedAlcohol-related Incidents
- DC ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- DC ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- DC ¶ 31(d)raisedIndividual Is Currently on Parole or Probation
- MC ¶ 23(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's December 2005 arrest is recent.
- MC ¶ 23(b)rejectedAcknowledgment of Alcoholism and Actions TakenThe applicant has not established a practice of abstinence from alcohol.
- MC ¶ 23(c)rejectedParticipation in Counseling or Treatment ProgramThe applicant has not sought ongoing treatment or support.
- MC ¶ 23(d)rejectedSuccessful Completion of RehabilitationThe applicant has not documented a favorable prognosis from a qualified professional.
- MC ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's criminal conduct is too recent to be mitigated.
- MC ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant failed to demonstrate his commitment to being alcohol-free.
Key Rule Quoted
“The decision to deny an individual a security clearance is not necessarily a determination as to the allegiance, loyalty, and patriotism of an applicant.”
Procedural Posture
- SOR issuedJan 26, 2007
- Answer filedUndatedNotarized response admitting some allegations.
- Hearing heldApr 19, 2007Hearing conducted with evidence submitted.
- Decision dateAug 31, 2007
Cite For
- Insufficient Evidence of Rehabilitation Under Guideline J
- Recent Alcohol-related Incidents Under Guideline G
- Impact of Probation Status on Security Clearance Eligibility