Summary
A 46-year-old retired Air Force member was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons detailed multiple arrests: a DUI and refusal to submit to testing in January 2007, a battery domestic violence arrest in October 2006 for an incident in September 2006, another battery domestic violence arrest in April 2002, and a DUI arrest in March 2001.
Disqualifying conditions cited included a pattern of criminal conduct and alcohol consumption to the point of impaired judgment. While mitigating conditions such as the passage of time and the applicant's completion of counseling were considered, they were ultimately deemed insufficient.
The denial was based on the applicant's demonstrated pattern of criminal conduct, which included both alcohol-related offenses and domestic violence incidents. The applicant's tendency to minimize his actions and his failure to fully accept responsibility for his behavior raised significant doubts about his reliability and trustworthiness. The evidence presented for rehabilitation was not sufficient to mitigate the ongoing concerns regarding his criminal behavior.
Why the Applicant Was Denied
- The applicant demonstrated a pattern of criminal conduct, including multiple alcohol-related offenses and domestic violence incidents.
- The applicant's minimization of his actions and lack of full acceptance of responsibility raised doubts about his reliability and trustworthiness.
- The evidence of successful rehabilitation was insufficient to mitigate the ongoing concerns regarding his criminal behavior.
Conditions Referenced
- J 31.araisedA Single Serious Crime or Multiple Lesser Offenses
- J 31.craisedAllegation of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- G 22.araisedAlcohol-related Incidents Away From Work Regardless of Whether the Individual Is Diagnosed as an Alcohol Abuser or Alcohol Dependent
- J 32.drejectedThere Is Evidence of Successful Rehabilitation; Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity, Remorse or Restitution, Job Training or Higher Education, Good Employment Record, or Constructive Community DevelopmentThe applicant's completion of the BIP program and positive character references were insufficient to mitigate the ongoing concerns.
- J 32.arejectedSo Much Time Has Passed Since the Criminal Behavior Happened, or It Happened Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good JudgmentThe recent nature of the domestic violence offense indicated a pattern of behavior that was unlikely to be mitigated by time alone.
- G 23.aappliedSo Much Time Has Passed, or the Behavior Was so Infrequent, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good JudgmentThe applicant's reduced alcohol consumption since 2001 was noted.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 26, 2008
- Answer filedDec 8, 2008
- Hearing heldMar 25, 2009
- Decision dateJun 15, 2009
Cite For
- Pattern of Criminal Conduct Under Guideline J
- Insufficient Evidence of Rehabilitation Under Guideline J
- Mitigating Conditions for Alcohol Consumption Under Guideline G