Summary
A 28-year-old defense contractor employee 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 two DUI convictions, in August 2012 and January 2014, and was on probation for the latter until February 2019. Additionally, the applicant pled no contest to driving on a suspended license in December 2014 while still on probation for the second DUI, and after completing drinking-driver treatment. The applicant also had a grand theft arrest in December 2007, pleading no contest in January 2008 and serving three weeks in confinement.
Regarding drug involvement, the applicant used marijuana from August 2009 to March 2012. While the applicant successfully mitigated the drug involvement concerns, the judge found insufficient evidence to mitigate the alcohol consumption and criminal conduct issues. Specifically, the applicant failed to follow court orders regarding alcohol education, evaluation, treatment, or abstinence.
The denial was based on the applicant's history of multiple DUI offenses, which raised significant concerns about reliability and trustworthiness. Insufficient time had passed since the last alcohol-related incident to establish a pattern of responsible behavior, and the applicant's criminal conduct, including a probation violation, indicated an inability to comply with laws and regulations.
Why the applicant prevailed
- Applicant mitigated drug involvement concerns by demonstrating a change in behavior and intent to abstain from drug use.
Conditions referenced
- J.31.aappliedA Single Serious Crime or Multiple Lesser Offenses
- J.31.cappliedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- J.31.dappliedIndividual Is Currently on Parole or Probation
- G.22.aappliedAlcohol-related Incidents Away From Work
- G.22.gappliedFailure to Follow Any Court Order Regarding Alcohol Education, Evaluation, Treatment or Abstinence
- H.26.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- H.26.bappliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural posture
- SOR issuedJun 10, 2016
- Answer filedJul 6, 2016
- Hearing held—Decided on the written record.
- Decision dateJun 6, 2017
Cite for
- Insufficient Evidence to Mitigate Alcohol Consumption Concerns Under Guideline G
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Successful Mitigation of Drug Involvement Concerns Despite Past Use Under Guideline H