Summary
A 44-year-old information technology manager was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant's history included multiple alcohol-related arrests and convictions, forming a well-established pattern of criminal behavior.
Specific incidents cited in the Statement of Reasons included a 2004 arrest for driving while intoxicated (DWI) which was dismissed, a 2011 arrest for domestic abuse, and a 2013 arrest for DWI with a BAC between .15-.20%. Further incidents in 2014 included a second DWI arrest within five years, an arrest for operating a vehicle with a suspended or revoked license, and a charge for non-compliance with the state’s alcohol safety action program. The applicant participated in an outpatient alcohol treatment program from 2014 to 2015.
Despite evidence of rehabilitation, the judge found insufficient evidence to mitigate the security concerns. The decision stated that the applicant did not present enough evidence of reform and rehabilitation, and that additional time is needed to demonstrate responsible alcohol consumption and law-abiding behavior. The clearance was ultimately denied.
Why the Applicant Was Denied
- The applicant did not present sufficient evidence of reform and rehabilitation to mitigate security concerns.
- The applicant has a well-established pattern of alcohol-related criminal conduct, including multiple arrests and convictions.
- The judge determined that additional time is necessary for the applicant to demonstrate responsible alcohol consumption and law-abiding behavior.
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 ¶ 31(c)raisedCurrently on Parole or Probation
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol Use Pattern and Actions TakenThe applicant's evidence of reform was not sufficient to mitigate the concerns.
- AG ¶ 23(d)rejectedSuccessful Completion of Treatment ProgramWhile the applicant completed treatment, the judge found it too soon to determine if he had truly overcome his issues.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant's history of alcohol-related conduct raised serious doubts about his reliability and trustworthiness.
Key Rule Quoted
“It is well-established law that no one has a right to a security clearance.”
Procedural Posture
- SOR issuedMar 24, 2016
- Answer filedMay 9, 2016Applicant initially requested a decision based on the written record.
- Hearing heldApr 4, 2017
- Decision dateNov 15, 2017
Cite For
- Insufficient Evidence of Rehabilitation Under Guideline G and J
- Pattern of Alcohol-related Criminal Conduct as a Disqualifying Factor
- Importance of Time Elapsed Since Last Offense in Assessing Rehabilitation