Summary
A 20-year-old defense employee's security clearance was granted despite concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons cited multiple alcohol-related incidents from her youth, including an allegation of providing false information to an OPM investigator. Disqualifying conditions G-22(a), G-22(c), and E-16(b) were raised.
However, the judge applied mitigating conditions G-23(a), G-23(b), G-23(c), and E-15, finding that the applicant had taken significant steps toward rehabilitation. She demonstrated a substantial period of alcohol abstinence since her last incident and acknowledged her past issues, completing alcohol treatment.
The applicant's current conduct and lifestyle changes indicated a low likelihood of recurring past behavior. Based on these mitigating factors and her demonstrated rehabilitation, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated a significant period of abstinence from alcohol since her last incident.
- She acknowledged her past issues with alcohol and took steps to address them, including completing treatment.
- The applicant's current conduct and lifestyle changes indicated a low likelihood of recurrence of past behavior.
Conditions Referenced
- G-22(a)raisedAlcohol-related Incidents Away From Work
- G-22(c)raisedHabitual or Binge Consumption of Alcohol
- E-16(b)raisedDeliberately Providing False or Misleading Information
- G-23(a)appliedTime Has Passed or Behavior Was Infrequent
- G-23(b)appliedAcknowledgment of Alcohol Issues and Evidence of Actions Taken
- G-23(c)appliedParticipation in Counseling or Treatment Program
- E-15rejectedConduct Involving Questionable JudgmentThe judge found the applicant's statements were not deliberately false or misleading.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 20, 2008
- Answer filedSep 24, 2008Applicant admitted all allegations related to alcohol consumption.
- Hearing heldFeb 18, 2009Hearing conducted without objection to government exhibits.
- Decision dateMar 27, 2009
Cite For
- Mitigation of Alcohol-related Incidents Under Guideline G
- Evaluation of Personal Conduct Under Guideline E
- Application of the Whole Person Concept in Security Clearance Decisions.