Summary
A 24-year-old assistant project manager for a Department of Defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons alleged deliberate omissions on his security questionnaire and a pattern of alcohol-related incidents, including two instances of driving while intoxicated and participation in alcohol counseling.
The judge determined that the applicant's omissions were not deliberate, noting his prompt, good-faith efforts to correct them before being confronted. Furthermore, his past alcohol-related incidents occurred over three years prior, and he had significantly reduced his alcohol consumption since then.
The applicant was not diagnosed with alcohol abuse and demonstrated behavioral changes indicating reliability and trustworthiness. Based on these mitigating factors, the judge found that the applicant had successfully addressed the security concerns, and his eligibility for a security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated prompt, good-faith efforts to correct omissions in his e-QIP before being confronted with the facts.
- The applicant's past alcohol-related incidents occurred over three years ago and he has significantly reduced his alcohol consumption since then.
- The applicant has not been diagnosed with alcohol abuse and has shown behavioral changes indicating reliability and trustworthiness.
Conditions Referenced
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant FactsThe applicant omitted material facts regarding his past drug use and alcohol counseling from his e-QIP.
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From WorkThe applicant had multiple alcohol-related incidents during college, including citations for underage drinking.
- AG ¶ 22(c)raisedHabitual or Binge Consumption of AlcoholThe applicant engaged in excessive alcohol consumption while in college.
- AG ¶ 17(a)appliedPrompt, Good-faith Efforts to Correct Omissions
- AG ¶ 23(a)appliedBehavior Unlikely to Recur
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Counseling
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 19, 2009Initial SOR detailing security concerns under Guideline E.
- Amended SOR issuedMay 12, 2009Amended SOR detailing security concerns under Guideline G.
- Answer filedMar 11, 2009Applicant responded to the SOR.
- Hearing heldJun 23, 2009Hearing conducted as scheduled.
- Decision dateAug 7, 2009
Cite For
- Mitigation of Personal Conduct Issues Under Guideline E
- Rebuttable Presumption of Rehabilitation Under Guideline G
- Consideration of the Whole Person Concept in Security Clearance Decisions.