Summary
A 37-year-old network engineer for a defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons cited a history of alcohol-related incidents, including multiple DUI charges and a serious car accident in October 2003 attributed to alcohol abuse. The applicant ceased drinking from October 2003 to February 2005, and since 2005, occasionally consumes wine but no longer drinks and drives. No further alcohol-related incidents have occurred since 2003, demonstrating a significant change in behavior.
The judge determined that the applicant had mitigated the initial concerns. This decision was based on the applicant's demonstrated significant change in behavior following the 2003 accident, leading to responsible alcohol consumption. Additionally, the applicant did not intentionally omit material facts from his security clearance application, as he genuinely believed he only needed to report incidents from the preceding ten years.
Credible testimony from character witnesses further supported the applicant's reliability and trustworthiness. Consequently, the security clearance was granted.
Why the applicant prevailed
- Applicant demonstrated a significant change in behavior after a serious car accident in 2003, leading to responsible alcohol consumption.
- He did not deliberately omit material facts in his security clearance application, as he believed he only needed to report incidents from the last ten years.
- Character witnesses provided credible testimony supporting 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 ¶ 23(b)appliedAcknowledgment of Alcohol Issues and Evidence of Actions Taken to Overcome Them
- AG ¶ 16(a)rejectedDeliberate Omission, Concealment, or Falsification of Relevant FactsThe Government did not prove a prima facie case regarding personal conduct.
Key rule quoted
“Alcohol Consumption is always a security concern because 'excessive alcohol consumption often leads to the exercise of questionable judgment or the failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.'”
Procedural posture
- SOR issuedDec 8, 2006
- Answer filedundated
- Hearing heldMay 2, 2007Hearing was rescheduled due to a continuance request.
- Decision dateAug 30, 2007
Cite for
- Mitigation of Alcohol Consumption Issues After a Serious Incident
- Credibility of Applicant's Testimony Regarding Omissions in Security Clearance Application
- Character References Supporting Reliability and Trustworthiness in Security Clearance Cases