Summary
A 37-year-old defense contractor analyst was denied a security clearance under Guideline G (Alcohol Consumption) due to a history of alcohol-related incidents. The Statement of Reasons detailed six separate charges between November 2002 and May 2014. These included an open container violation in 2002, an alcohol intoxication charge in 2003, and two driving under the influence (DUI) charges in 2004 and 2006.
Further incidents included an alcohol intoxication charge in a public place in 2008, and a conviction for operating a motor vehicle under the influence of alcohol or drugs in May 2014. These incidents raised disqualifying conditions under Adjudicative Guideline Paragraphs 22(a) and 22(c).
While the applicant claimed abstinence since July 2014 and completed an alcohol counseling program, the judge found insufficient evidence to apply mitigating conditions under Adjudicative Guideline Paragraphs 23(a), 23(b), and 23(d). The denial was based on the multiple alcohol-related incidents, including three DUI convictions, which raised concerns about reliability and trustworthiness, and a failure to demonstrate a significant period of abstinence or responsible alcohol use post-counseling.
Why the Applicant Was Denied
- The applicant had multiple alcohol-related incidents, including three DUI convictions.
- The applicant's history of alcohol consumption raised questions about his reliability and trustworthiness.
- The applicant failed to demonstrate a significant period of abstinence or responsible use of alcohol after his counseling.
Conditions Referenced
- AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
- AG ¶ 23(a)rejectedTime Passed or Infrequent Behavior Unlikely to RecurThe applicant did not provide sufficient evidence of a significant period of abstinence.
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol Issues and Actions TakenThe applicant's claims of abstinence were not substantiated with adequate evidence.
- AG ¶ 23(d)rejectedCompletion of Counseling and Established Pattern of AbstinenceThe applicant did not demonstrate a clear and established pattern of abstinence.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedDec 16, 2015
- Answer filedJan 25, 2015
- Hearing held—Decision made on the record without a hearing.
- Decision dateFeb 24, 2017
Cite For
- Disqualifying Conditions Under Guideline G Due to Multiple Alcohol-related Incidents
- Insufficient Evidence of Rehabilitation or Abstinence From Alcohol
- The Importance of Demonstrating a Clear Pattern of Responsible Behavior Regarding Alcohol Consumption