Summary
A 47-year-old software engineer and former U.S. Air Force member was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The denial stemmed from a history of alcohol-related incidents and criminal behavior, including domestic violence and child endangerment.
Specific allegations included a 1996 DWI arrest, a 2002 arrest for striking his son while intoxicated, and a 2005 arrest in Huber Heights, Ohio, for Child Endangering, which was reduced to Attempted Child Endangering, resulting in a guilty plea and a fine. The applicant also had a diagnosed alcohol-related disorder from March 2008 and a history of drinking to excess.
Despite recent efforts to address his alcohol consumption and positive character references, the judge found insufficient evidence of a sustained pattern of sobriety. The applicant had not completed a formalized treatment program as implied by the guideline, nor demonstrated a clear pattern of modified consumption or abstinence in accordance with treatment recommendations. Ultimately, the applicant's history of excessive alcohol consumption and criminal conduct raised unmitigated concerns about his judgment and reliability, leading to the denial.
Why the applicant was denied
- The applicant had a history of alcohol-related incidents, including two misdemeanors and a diagnosis of alcohol-related disorder.
- The applicant's pattern of excessive alcohol consumption raised questions about his judgment and reliability.
- The applicant did not establish a sufficient pattern of sobriety or rehabilitation to mitigate the security concerns.
Conditions referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 22(d)raisedDiagnosis of Alcohol Abuse or Dependence
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 23(b)appliedAcknowledgment of Alcohol Issues and Actions Taken
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's criminal behavior was recent and ongoing.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationInsufficient evidence of a sustained pattern of sobriety.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedDec 3, 2007
- Answer filedJan 9, 2008
- Hearing heldMar 19, 2008
- Decision date—
Cite for
- Disqualifying Conditions Related to Alcohol Consumption Under Guideline G
- Criminal Conduct Implications Under Guideline J
- Mitigating Conditions for Alcohol-related Issues and Criminal Behavior