Summary
A 21-year-old defense contractor with an associate degree was denied a security clearance under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The denial stemmed from two arrests within a 14-month period. The first arrest, on September 12, 2005, was for marijuana possession, to which the applicant pled guilty as a first offender. The second arrest, on November 4, 2006, involved charges of DUI, speeding at 100 m.p.h. in a 60 m.p.h. zone, a blood alcohol level between .15 and .20, and underage alcohol purchase and possession; the applicant pled guilty to the DUI.
The Statement of Reasons cited alcohol-related incidents away from work, including driving under the influence, and habitual or binge alcohol consumption leading to impaired judgment. Disqualifying conditions under both guidelines were raised, while some mitigating conditions were applied.
The judge ultimately denied the clearance, finding insufficient evidence of rehabilitation and a likelihood of recurring misconduct. Key factors included the two arrests within a short timeframe, indicating a pattern of irresponsible behavior, and the applicant being on probation for his DUI at the time of the hearing. Additionally, the applicant failed to provide evidence of rehabilitation or a pattern of abstinence from alcohol.
Why the Applicant Was Denied
- The applicant had two arrests within a 14-month period, indicating a pattern of irresponsible behavior.
- He was on probation for his DUI at the time of the hearing, which raised concerns about his reliability and trustworthiness.
- The applicant failed to provide evidence of rehabilitation or a pattern of abstinence from alcohol.
Conditions Referenced
- AG ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)appliedAllegation or Admission of Criminal Conduct
- AG ¶ 31(d)appliedIndividual Is Currently on Parole or Probation
- AG ¶ 31(e)appliedViolation of Parole or Probation
- AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant did not provide evidence of rehabilitation or a favorable prognosis.
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol Issues and Actions Taken to Overcome ThemThe applicant did not submit objective evaluations or evidence of actions taken to avoid future problems.
- AG ¶ 23(d)rejectedSuccessful Completion of Counseling or RehabilitationThe applicant's alcohol education program did not meet the criteria for this mitigating condition.
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 issuedMay 14, 2008
- Answer filedMay 28, 2008
- Hearing heldNot specified
- Decision dateNov 25, 2008
Cite For
- Pattern of Irresponsible Behavior Leading to Security Clearance Denial
- Insufficient Evidence of Rehabilitation Under Guidelines G and J
- Impact of Probation Status on Security Clearance Eligibility