Summary
A 31-year-old engineer for a defense contractor was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons detailed a history of excessive alcohol use and related criminal conduct spanning from approximately 1999 to at least January 2009.
Specific allegations included multiple instances of being charged and fined for public intoxication in August 2001, May 2003, and January 2008. Other alcohol-related arrests involved trespassing and resisting arrest without violence in September 2003, with charges later dropped. In November 2004, the applicant was arrested for public intoxication, disorderly conduct, and harassment, with charges dismissed after counseling. Further incidents included a DUI arrest in September 2005, leading to an 'Accelerated Rehabilitative Disposition Program,' and an arrest for intoxicated trespassing in December 2005, resulting in a fine.
The judge found that the applicant's long history of alcohol abuse and associated arrests raised significant doubts about his reliability and trustworthiness. Despite claims of sobriety since January 2008, these assertions were not supported by credible evidence or consistent statements. Ultimately, the applicant failed to demonstrate that his past conduct would not recur, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant has a long history of alcohol abuse, leading to multiple arrests and charges.
- The applicant's claims of sobriety were not supported by credible evidence or consistent statements.
- The applicant failed to demonstrate that his past conduct would not recur, raising doubts about his reliability.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
Key Rule Quoted
“A security clearance decision is intended to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedMar 30, 2010
- Answer filedApr 13, 2010Requested decision without a hearing.
- Hearing held—
- Decision dateSep 28, 2010
Cite For
- Denial Based on Extensive History of Alcohol-related Offenses Under Guideline G
- Insufficient Evidence of Rehabilitation or Mitigating Circumstances Under Guideline J
- Importance of Consistent and Credible Evidence in Security Clearance Determinations.