Summary
A 58-year-old defense contractor employee and retired Navy veteran was denied a security clearance under Guideline G (Alcohol Consumption) due to a history of alcohol-related misconduct. The Statement of Reasons detailed that the applicant consumed alcohol to excess from age 18 until at least January 2013. This history included a May 1984 DUI arrest and guilty plea, and a January 2013 DUI arrest resulting in a nolo contendere plea and probation until 2018.
Additionally, the applicant completed inpatient alcohol treatment in August and September 2003. In December 2009, his employer issued a written warning for violating conduct and substance abuse policies following three alcohol-related incidents. Disqualifying conditions AG ¶ 22(a) and AG ¶ 22(b) were raised, while mitigating condition AG ¶ 23(a) was applied.
The denial was based on the applicant's extensive history of alcohol-related misconduct, including multiple DUIs and workplace incidents. The judge found that the applicant, currently on probation for a DUI conviction, had not demonstrated sufficient rehabilitation or a genuine change in behavior, concluding that his abstinence appeared to be primarily driven by probation requirements.
Why the Applicant Was Denied
- The applicant has a long history of alcohol-related misconduct, including multiple DUIs and workplace incidents.
- He is currently on probation due to a DUI conviction and has not demonstrated sufficient rehabilitation or behavioral change.
- The applicant's abstinence from alcohol appears to be primarily due to probation requirements rather than a genuine change in behavior.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(b)raisedAlcohol-related Incidents at Work
- AG ¶ 23(a)rejectedTime Passed or Infrequent Behavior Unlikely to RecurThe applicant's past alcohol-related conduct spans over 31 years and occurred after treatment and counseling.
Key Rule Quoted
“A security clearance decision is intended only 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 issuedNov 10, 2014
- Answer filed—Applicant requested a decision without a hearing.
- Hearing held—No hearing; decision made based on written record.
- Decision dateOct 5, 2015
Cite For
- Denial of Security Clearance Due to Long History of Alcohol-related Misconduct
- Insufficient Evidence of Rehabilitation Under Guideline G
- Impact of Probationary Status on Alcohol Consumption Behavior