Summary
A 43-year-old federal contractor 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 a pattern of alcohol consumption to the point of intoxication between 1995 and 2006, leading to multiple alcohol-related incidents. These included arrests for driving under the influence (DUI) in August 1995, September 1998, September 2005, and February 2006, with guilty pleas for each. He was also arrested for DUI in December 2004, resulting in a guilty finding for a lesser open container offense. Other alcohol-related arrests included third-degree assault and menacing in May 2000, and third-degree domestic violence in June 2004, though these charges were dismissed.
Additionally, the applicant engaged in drug abuse, using cocaine, crack cocaine, marijuana, and misusing a prescription drug. In February 2006, he was arrested for possession of a controlled substance, though this charge was dismissed. Disqualifying conditions related to criminal conduct, alcohol consumption, and drug involvement were raised.
While the applicant demonstrated rehabilitation efforts, including abstaining from alcohol and drugs since May 2006 and participating in support programs, these mitigating conditions were insufficient. The judge found that his history of multiple alcohol-related criminal offenses, ongoing probation, and a recent citation for driving with a revoked license raised significant security concerns that outweighed his positive changes, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant has a history of multiple alcohol-related criminal offenses, including DUIs, which raise doubts about his judgment and reliability.
- The applicant is currently on probation and has ongoing legal issues, including a recent citation for driving with a revoked license, indicating a disregard for the law.
- The applicant did not meet his burden of persuasion to mitigate the security concerns related to his criminal conduct.
Conditions Referenced
- DC 1appliedA Single Serious Crime or Multiple Lesser Offenses
- DC 3appliedThe Allegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- DC 4appliedIndividual Is Currently on Parole or Probation
- MC 1rejectedThe Behavior Was Not RecentThe applicant's criminal conduct is ongoing, as he is currently on probation and has a pending legal issue.
- MC 2appliedThe Individual Has Acknowledged Responsibility for the Conduct
- MC 3appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Future Misconduct
Key Rule Quoted
“No one has a right to a security clearance.”
Procedural Posture
- SOR issuedFeb 29, 2008
- Answer filedApr 7, 2008
- Hearing heldJun 25, 2008
- Decision dateJul 16, 2008
Cite For
- Disqualifying Conditions Related to Ongoing Criminal Conduct Under Guideline J
- Mitigating Conditions for Rehabilitation Efforts Under Guidelines G and H
- The Importance of Demonstrating a Clear Break From Past Criminal Behavior for Security Clearance Eligibility