Summary
A 56-year-old engineer's security clearance was granted despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct), stemming from multiple DUI offenses. The Statement of Reasons detailed an arrest and charge for DUI on February 11, 2011, resulting in a guilty finding on March 29, 2011, with a $1,952 fine, two days of public service, 100 hours of community service, and five years of probation.
Further, the applicant consumed alcohol to excess until at least August 2012. On August 24, 2012, she was arrested and charged with another DUI. She pled guilty to this offense on January 9, 2013, receiving a sentence of 230 hours of community service, 18 months of DUI classes, five years of probation, and an order to pay $2,600 in restitution.
The clearance was granted due to significant mitigating factors. The applicant demonstrated over two and a half years of sobriety and completed an 18-month court-ordered DUI program, along with participation in SMART Recovery. Her criminal conduct was directly linked to her past alcohol consumption, which has ceased, thereby reducing the likelihood of future recurrence.
Why the Applicant Prevailed
- The applicant has maintained sobriety for over two and a half years, demonstrating a commitment to recovery.
- Completion of an 18-month court-ordered DUI program and participation in SMART Recovery were presented as evidence of rehabilitation.
- The applicant's criminal conduct was directly linked to her alcohol consumption, which has ceased, reducing the likelihood of recurrence.
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
- AG ¶ 31(d)raisedIndividual Is Currently on Parole or Probation
- AG ¶ 23(b)appliedAcknowledgment of Alcoholism and Evidence of Actions Taken to Overcome This Problem
- AG ¶ 23(a)appliedTime Has Passed or Behavior Was Infrequent
- AG ¶ 23(d)appliedSuccessful Completion of Counseling or Rehabilitation
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 22, 2014
- Answer filedSep 6, 2014Applicant elected to proceed without a hearing.
- Hearing held—Case decided on the written record.
- Decision dateMar 20, 2015
Cite For
- Mitigation of Alcohol-related Security Concerns Under Guideline G
- Successful Rehabilitation Efforts in the Context of Criminal Conduct Under Guideline J
- The Importance of a Demonstrated Pattern of Abstinence in Security Clearance Cases.