Summary
A 36-year-old male applicant with military service was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons cited his history of alcohol-related incidents, specifically three misdemeanor DUI convictions. His first conviction in October 2010 resulted in three years of probation, and he was again placed on probation from June 15, 2017, until June 14, 2018, following a subsequent conviction.
Although the applicant stated he now consumes alcohol two or three times a month and no longer drives afterward, the judge found this insufficient. Disqualifying conditions G.22.a, G.22.c, J.31.a, J.31.b, and J.31.c were raised, while mitigating conditions G.23.a, G.23.b, G.23.d, J.32.a, and J.32.d were considered.
Ultimately, the clearance was denied because the applicant's three DUI convictions demonstrated a pattern of criminal conduct. He was also on probation for his most recent DUI at the time of the decision and failed to establish a sufficient pattern of responsible alcohol consumption or rehabilitation.
Why the Applicant Was Denied
- The applicant has three DUI convictions, demonstrating a pattern of criminal conduct.
- The applicant was on probation for his most recent DUI conviction at the time of the decision.
- The applicant failed to establish a sufficient pattern of responsible alcohol consumption or rehabilitation.
Conditions Referenced
- G.22.araisedAlcohol-related Incidents Away From Work
- G.22.craisedHabitual or Binge Consumption of Alcohol
- J.31.araisedPattern of Minor Offenses
- J.31.braisedEvidence of Criminal Conduct
- J.31.craisedCurrently on Parole or Probation
- G.23.arejectedTime Has Passed or Behavior Was InfrequentInsufficient time has passed since the last DUI incident.
- G.23.brejectedAcknowledgment of Maladaptive Alcohol UseThe applicant has not established a sufficient pattern of responsible consumption.
- G.23.dnotedSuccessful Completion of Treatment Program
- J.32.arejectedTime Elapsed Since Criminal BehaviorSufficient time has not passed since the last DUI.
- J.32.drejectedEvidence of Successful RehabilitationThe applicant is still on probation for a third DUI conviction.
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 issuedJul 6, 2016
- Answer filedJul 22, 2016
- Hearing heldDec 6, 2016
- Decision dateJul 13, 2017
Cite For
- Pattern of Criminal Conduct Under Guideline J
- Insufficient Mitigation of Alcohol-related Incidents Under Guideline G
- Impact of Ongoing Probation on Security Clearance Eligibility