Summary
A 24-year-old computer technician was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The applicant had two pending DUI arrests, which he failed to disclose on his security clearance application, answering "no" to a question about pending criminal charges.
The judge determined that the applicant's recent and frequent alcohol consumption raised doubts about his reliability and trustworthiness, citing the two DUI arrests as disqualifying conditions under Guideline G. Furthermore, the intentional omission of these incidents from his application demonstrated a lack of candor, violating Guideline E.
Despite the application of several mitigating conditions, the applicant did not demonstrate a pattern of responsible alcohol use or abstinence, even with ongoing counseling. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant's two DUI arrests raised disqualifying conditions under Guideline G.
- The applicant failed to demonstrate a pattern of responsible alcohol use or abstinence despite ongoing counseling.
- The applicant intentionally omitted relevant facts from his security clearance application, violating Guideline E.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(b)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification
- AG ¶ 23(a)rejectedTime Passed or Infrequent Behavior Unlikely to RecurThe applicant's excessive alcohol consumption has been recent and frequent.
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol Issues and Evidence of Actions TakenThe applicant continues to consume alcohol to the point of intoxication.
- AG ¶ 23(c)rejectedParticipation in a Counseling ProgramThe applicant's progress in counseling is not evidenced by a pattern of responsible behavior.
- AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct OmissionsThe applicant did not attempt to correct his application until confronted with the facts.
- AG ¶ 17(b)rejectedImproper Advice From Authorized PersonnelThe advice received was not from an authorized person and was generic.
- AG ¶ 17(c)rejectedMinor Offense or Infrequent Behavior Unlikely to RecurThe falsification was a felony and part of a pattern of irresponsible conduct.
- AG ¶ 17(d)rejectedAcknowledgment of Behavior and CounselingThe applicant has not demonstrated a commitment to change his behavior.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedMar 3, 2008
- Answer filedApr 29, 2008
- Hearing heldJun 25, 2008
- Decision dateJul 31, 2008
Cite For
- Disqualifying Conditions Under Guideline G Due to DUI Incidents
- Lack of Candor in Security Clearance Applications Under Guideline E
- Failure to Establish Mitigating Conditions for Alcohol-related Issues