Summary
A 30-year-old test vehicle operator for a defense contractor was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant had a significant history of criminal conduct and alcohol consumption issues spanning from 1996 to at least June 2009. This included multiple arrests and charges for alcohol-related offenses in 2000, 2001, and 2008, as well as recurrent incidents of driving on a suspended license, careless driving, and failure to appear in court.
Specific incidents included arrests and charges for burglary, theft, and unlawful possession of a firearm in January 1998, underage consumption in June 2000, and DUI charges in December 2001 and October 2008. The applicant also faced charges for driving on a suspended license in January 2004 and additional alcohol-related charges in February 2002.
Despite some evidence of counseling following a 2008 DUI arrest, the applicant failed to provide documentation of this counseling, raising doubts about his commitment to rehabilitation. The decision noted a continued pattern of alcohol consumption, including instances of binge drinking, indicating a potential risk for future judgment lapses. Ultimately, the applicant did not demonstrate sufficient rehabilitation or a consistent pattern of responsible behavior, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant has a lengthy history of arrests and convictions, including multiple alcohol-related offenses and driving on a suspended license.
- The applicant did not provide documentation of his alcohol counseling, raising doubts about his commitment to rehabilitation.
- The applicant's continued alcohol consumption, including instances of binge drinking, indicated a potential risk for future judgment lapses.
Conditions Referenced
- DC ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- DC ¶ 31(c)raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- DC ¶ 22(a)appliedAlcohol-related Incidents Away From Work
- DC ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- MC ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Unusual Circumstances That It Is Unlikely to Recur
- MC ¶ 32(d)rejectedThere Is Evidence of Successful RehabilitationThe applicant failed to provide sufficient documentation of rehabilitation efforts.
Key Rule Quoted
“"Security-clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedJun 10, 2010
- Answer filedJun 30, 2010
- Hearing heldDec 15, 2010
- Decision dateMay 25, 2011
Cite For
- Evaluation of Criminal Conduct Under Guideline J
- Assessment of Alcohol Consumption Issues Under Guideline G
- Importance of Documented Rehabilitation in Security Clearance Cases