Summary
A 43-year-old computer scientist was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The applicant had a history of five alcohol-related arrests and DUI charges between 1983 and 2004. This included a well-established pattern of alcohol dependence, treatment, and subsequent relapse, with his drinking leading to impaired judgment. He was diagnosed with alcohol dependence and had completed rehabilitation programs, yet continued to experience relapses.
Further complicating the case, the applicant deliberately failed to disclose three of his prior DUI offenses (from 1983, 1988, and 1995) on his security clearance application completed in December 2004. Although he had abstained from alcohol since his January 2004 arrest and participated in a one-year intensive outpatient treatment program, and was still on probation until April 2008 for his most recent DUI, these mitigating efforts were not sufficient.
The judge ultimately denied the clearance, citing the applicant's extensive history of alcohol-related offenses, his ongoing probation, and the deliberate omission of information on his application as significant concerns that undermined his credibility and raised doubts about his judgment and reliability.
Why the Applicant Was Denied
- The applicant has a well-established history of alcohol-related offenses, including five DUIs from 1983 to 2004.
- He remains on probation until April 2008 due to his last DUI conviction.
- The applicant deliberately failed to disclose three prior DUIs on his security clearance application, undermining his credibility.
Conditions Referenced
- G.2.araisedAlcohol-related Incidents Away From Work
- G.2.braisedAlcohol-related Incidents at Work
- G.2.craisedHabitual or Binge Drinking
- G.2.draisedDiagnosis of Alcohol Dependence
- G.2.eraisedHistory of Treatment Followed by Relapse
- E.2.araisedDeliberate Omission of Material Facts
- G.2.arejectedTime Passed or Infrequent Behavior Unlikely to RecurThe applicant's pattern of behavior and recent probation do not support this condition.
- G.2.bappliedAcknowledgment of Alcoholism and Actions TakenThe applicant has acknowledged his alcohol problem and has been abstinent since January 2004.
- G.2.crejectedCurrent Participation in Treatment ProgramThe applicant's history of treatment followed by relapse does not support this condition.
- G.2.dappliedReform and RehabilitationThe applicant completed treatment in November 2005 and has maintained abstinence since January 2004.
Key Rule Quoted
“The decision to deny a person a security clearance is not a determination of an applicant’s loyalty. Instead, it is a determination that the applicant has not met the strict guidelines the President has established for granting eligibility for a security clearance.”
Procedural Posture
- SOR issuedDec 8, 2006
- Answer filed—
- Hearing heldApr 11, 2007Hearing was rescheduled from February 27, 2007.
- Decision dateMay 30, 2007
Cite For
- Denial of Clearance Due to Multiple Alcohol-related Offenses Under Guideline G
- Deliberate Omission of Material Facts on Security Clearance Application Under Guideline E
- Consideration of Rehabilitation Efforts in the Context of a Lengthy History of Alcohol Abuse