Summary
A 36-year-old defense contractor employee was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons cited alcohol-related incidents away from work, including driving under the influence, fighting, and disturbing the peace, as well as habitual or binge consumption leading to impaired judgment.
Disqualifying conditions raised included multiple alcohol-related offenses and criminal conduct, specifically J30, J31(a), J31(c), G22(a), and G22(c). While mitigating conditions such as J32(a), J32(d), G23(a), and G23(b) were considered, the applicant's history of multiple alcohol-related offenses remained a significant concern.
The denial was based on the applicant's inconsistent statements regarding her alcohol consumption, which undermined her credibility and claims of rehabilitation. Furthermore, a recent DWI arrest, occurring just over two years prior, indicated ongoing issues with alcohol, leading to the final decision to deny the security clearance.
Why the applicant was denied
- The applicant's history of multiple alcohol-related offenses raised significant security concerns.
- Inconsistent statements regarding her alcohol consumption undermined her credibility and claims of rehabilitation.
- The most recent DWI arrest occurred just over two years prior, indicating ongoing issues with alcohol.
Conditions referenced
- J30raisedCriminal Conduct Creates Doubt About an Applicant's Judgment, Reliability, and Trustworthiness.
- J31(a)appliedA Single Serious Crime or Multiple Lesser Offenses.
- J31(c)appliedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted.
- G22(a)appliedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence.
- G22(c)appliedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment.
- J32(a)rejectedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur.The applicant's last DWI arrest was just over two years ago.
- J32(d)rejectedEvidence of Successful Rehabilitation, Including the Passage of Time Without Recurrence of Criminal Activity.Inconsistent statements about alcohol use indicate incomplete rehabilitation.
- G23(a)rejectedSo Much Time Has Passed, or the Behavior Was so Infrequent, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur.The applicant's recent DWI arrests and ongoing alcohol issues do not support this condition.
- G23(b)rejectedAcknowledgment of Alcoholism or Issues of Alcohol Abuse, Evidence of Actions Taken to Overcome This Problem, and a Pattern of Abstinence.Inconsistent statements about alcohol consumption undermine claims of responsible use.
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 issuedOct 17, 2008
- Answer filedDec 10, 2008
- Hearing heldMar 17, 2009
- Decision dateMar 31, 2009
Cite for
- Inconsistent Statements Regarding Alcohol Use as a Factor in Security Clearance Decisions
- Impact of Multiple Alcohol-related Offenses on Security Clearance Eligibility
- Importance of Credibility in Demonstrating Rehabilitation Efforts