Summary
A 49-year-old CEO with a military background was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The applicant's past involvement in fraudulent travel claims, which led to his then-spouse's resignation from federal employment, was considered mitigated by the passage of time.
However, the applicant's recent alcohol-related criminal conduct presented significant unmitigated security concerns. This included a history of excessive alcohol consumption and two arrests for driving under the influence, with the most recent DUI arrest occurring in December 2016. Additionally, a 2010 misdemeanor offense for driving with a suspended or restricted license was noted.
The judge determined that the applicant failed to provide sufficient evidence to mitigate these recent alcohol-related issues, specifically noting a lack of a clear pattern of modified consumption or abstinence as recommended by treatment. The recent DUI arrest and overall history of alcohol-related incidents raised doubts about his judgment, reliability, and trustworthiness, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant did not present sufficient evidence to mitigate security concerns stemming from his record of alcohol-related criminal conduct.
- The applicant's recent DUI arrest in December 2016 indicated a pattern of poor judgment related to alcohol use.
- The applicant's history of alcohol-related incidents, including two misdemeanor convictions, raised doubts about 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 ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 23(b)rejectedAcknowledgment of Pattern of Maladaptive Alcohol UseThe applicant did not demonstrate a clear and established pattern of modified consumption or abstinence.
- AG ¶ 23(c)appliedParticipation in Counseling or Treatment ProgramThe applicant was participating in substance-abuse treatment but had not yet demonstrated successful rehabilitation.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant's recent criminal conduct and probation status undermined claims of rehabilitation.
Key Rule Quoted
“It is well-established law that no one has a right to a security clearance.”
Procedural Posture
- SOR issuedJun 12, 2015Initial SOR issued after background investigation.
- Answer filedAug 26, 2015Applicant answered the initial SOR.
- Hearing heldMar 24, 2017Hearing was rescheduled from February 2017.
- Decision dateMar 27, 2018Decision issued after the hearing.
Cite For
- Denial of Security Clearance Due to Alcohol-related Criminal Conduct Under Guideline G
- Mitigating Factors Insufficient to Overcome Disqualifying Conditions Under Guidelines E and J
- Impact of Recent Criminal Behavior on Security Clearance Eligibility.