Summary
A 30-year-old applications engineer with military service was denied a security clearance due to concerns under Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant had a history of alcohol-related arrests, including a DUI in January 2006, resulting in jail time, a fine, and mandatory counseling. He was also arrested for Disorderly Conduct; Drunk in Public in June 2005. In December 2003, he faced charges including DUI of Alcohol and/or Drugs with refusal to submit to a chemical test, and possession of marijuana, ultimately pleading guilty to the DUI charge.
The applicant admitted to illegal marijuana use approximately four times between 2001 and 2004, and twice in March 2006 for pain relief. Notably, some marijuana use occurred after being granted a security clearance in 2001 and after submitting his 2005 clearance application.
Despite recent counseling efforts, the judge found insufficient evidence of rehabilitation or a change in behavior. The applicant's admitted multiple alcohol-related arrests and illegal drug use, coupled with recent criminal activity, raised significant doubts about his judgment and reliability, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant admitted to multiple alcohol-related arrests and illegal drug use.
- The judge found insufficient evidence of rehabilitation or a change in behavior despite recent counseling efforts.
- Recent criminal activity raised doubts about the applicant's judgment and reliability.
Conditions Referenced
- DC 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- DC 31(c)raisedAllegation or Admission of Criminal Conduct
- DC 22(a)raisedAlcohol-related Incidents Away From Work
- DC 22(c)raisedHabitual or Binge Consumption of Alcohol
- DC 25(a)raisedIllegal Drug Use
- DC 25(c)raisedIllegal Drug Involvement
- MC 32(a)rejectedTime Elapsed Since Criminal BehaviorInsufficient time had passed to conclude that the conduct was unlikely to recur.
- MC 32(d)rejectedEvidence of Successful RehabilitationApplicant failed to show sufficient time had passed to reasonably conclude his criminal activity had ceased.
- MC 23(a)rejectedTime Passed or Infrequent Behavior Unlikely to RecurRecent alcohol-related arrests indicated habitual behavior.
- MC 23(b)rejectedAcknowledgment of Alcohol Issues and Actions TakenApplicant failed to provide credible evidence of an established pattern of abstinence.
- MC 23(c)rejectedCurrent Participation in Counseling or Treatment ProgramApplicant did not demonstrate a history of no previous treatment or relapse.
- MC 26(a)rejectedDrug Abuse Behavior Unlikely to RecurRecent drug use raised concerns about reliability.
- MC 26(b)rejectedIntent Not to Abuse Drugs in the FutureApplicant failed to provide credible evidence of intent to avoid drug use.
- MC 26(d)rejectedCompletion of Drug Treatment ProgramApplicant did not provide evidence of satisfactory completion of a drug treatment program.
Key Rule Quoted
“The protection of national security is the paramount consideration.”
Procedural Posture
- SOR issuedMar 29, 2007
- Answer filedJun 13, 2007and July 11, 2007
- Hearing held—Applicant requested decision on the record.
- Decision dateJan 28, 2008
Cite For
- Denial Based on Recent Criminal Conduct Under Guideline J
- Excessive Alcohol Consumption Raising Security Concerns Under Guideline G
- Illegal Drug Involvement Impacting Reliability Under Guideline H