Summary
A 29-year-old chemical engineer was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant's history included three charges for driving while intoxicated (DWI) in September 2002, September 2004, and a felony DWI in October 2006. He was diagnosed as an alcoholic and completed one alcohol education program and two alcohol abuse treatment programs.
The judge found that the multiple alcohol-related driving offenses raised significant doubts about the applicant's judgment, reliability, and trustworthiness. While the applicant had completed a drug court program, this was deemed insufficient to demonstrate long-term sobriety. His history of relapse after treatment indicated a lack of established rehabilitation and a pattern of abstinence without external constraints.
Despite some positive changes and community involvement, the judge concluded there was insufficient evidence of sustained rehabilitation and a consistent pattern of abstinence. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant had multiple alcohol-related driving offenses, raising significant concerns about his reliability and judgment.
- The applicant's history of relapse after treatment indicated a lack of established rehabilitation and abstinence without external constraints.
- The applicant's recent completion of a drug court program was deemed insufficient to demonstrate long-term sobriety and reliability.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 23(a)rejectedSignificant Time Has Passed Without Evidence of MisconductThe applicant's sobriety was under the constraints of the drug court program, and more time is needed to demonstrate rehabilitation.
- AG ¶ 23(b)rejectedAcknowledgment of Alcoholism and Evidence of Actions Taken to Overcome the ProblemThe applicant has not established a pattern of abstinence that is not dependent on external constraints.
- AG ¶ 32(d)appliedEvidence of Successful RehabilitationThe applicant expressed remorse and demonstrated positive changes, but insufficient evidence of successful rehabilitation was found.
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 issuedMay 23, 2008
- Answer filedJun 9, 2008
- Hearing heldAug 26, 2008
- Decision dateSep 30, 2008
Cite For
- Evaluation of Alcohol-related Conduct Under Guideline G
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Consideration of Rehabilitation Efforts in Security Clearance Determinations