Summary
The applicant, a 30-year-old systems engineer, faced security clearance concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline G (Alcohol Consumption) due to a past sexual relationship with a minor and multiple alcohol-related incidents. Despite demonstrating some positive changes in behavior, the judge found insufficient evidence to mitigate the security concerns, leading to a denial of the security clearance.
Under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline G (Alcohol Consumption), the Statement of Reasons alleged the following: Applicant had sexual relations with a 14-year-old girl when he was 19 and attending a post-secondary military academy (2.a). The applicant was arrested for driving under the influence (DUI) in March 2003 (1.a). The applicant was arrested for public intoxication in February 2004 (1.b). The applicant was arrested for public intoxication in June 2004 (1.c). The applicant was arrested for DUI in September 2007 (1.d). The applicant was arrested for public intoxication in September 2007 (1.e). The applicant has a history of excessive alcohol consumption (1.f). The applicant has not been diagnosed with alcohol use disorder or dependence (1.g).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 22(a), AG ¶ 22(c), AG ¶ 13(a), AG ¶ 13(c), AG ¶ 16(e). The judge applied mitigating conditions AG ¶ 14(a), AG ¶ 14(b), AG ¶ 17(c). The decision turned on the following: The applicant had a sexual relationship with a 14-year-old girl when he was 19, which raised significant security concerns under Guideline D; The applicant had multiple alcohol-related incidents, including DUI arrests, which raised concerns under Guideline G; The applicant's past behavior indicated a lack of judgment and discretion, impacting his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant had a sexual relationship with a 14-year-old girl when he was 19, which raised significant security concerns under Guideline D.
- The applicant had multiple alcohol-related incidents, including DUI arrests, which raised concerns under Guideline G.
- The applicant's past behavior indicated a lack of judgment and discretion, impacting his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 14(a)appliedBehavior Occurred Prior to or During Adolescence
- AG ¶ 14(b)appliedBehavior Unlikely to Recur Due to Time Elapsed
- AG ¶ 17(c)appliedOffense Is Minor or Unlikely to Recur
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 20, 2010
- Answer filedDec 1, 2010
- Hearing heldJun 29, 2011
- Decision dateJul 20, 2011
Cite For
- Disqualifying Conditions Related to Past Sexual Behavior Under Guideline D
- Disqualifying Conditions Related to Alcohol Consumption Under Guideline G
- Mitigating Conditions Applicable to Past Conduct Under Guideline E