Summary
A 26-year-old defense contractor and combat veteran was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The denial stemmed from a history of criminal conduct and alcohol-related incidents, alongside issues with his security clearance application.
The applicant's criminal record included weapons charges in 1996 and 1999 while in high school. From 2002 to 2004, he faced multiple alcohol/driving arrests, resulting in a 2004 conviction for Driving While Intoxicated (DUI). In 2007, he was arrested, charged, and pleaded guilty to a weapons incident involving intoxication. Additionally, the applicant listed some offenses on his security clearance application but omitted others, though he denied deliberate intent to falsify.
Despite some positive changes, the judge found insufficient evidence of rehabilitation. The denial was based on the recency and severity of his past conduct, including multiple alcohol-related offenses and a recent weapons incident involving intoxication. The applicant also failed to demonstrate a clear and established pattern of alcohol abstinence or participation in ongoing support programs, leading to ongoing concerns about his judgment and reliability.
Why the Applicant Was Denied
- The applicant's history of criminal conduct included multiple alcohol-related offenses and a recent weapons incident involving intoxication.
- The applicant's claims of rehabilitation were deemed insufficient given the recency and severity of his past conduct.
- The applicant failed to demonstrate a clear and established pattern of abstinence from alcohol or participation in ongoing support programs.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct - A Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedCriminal Conduct - Allegation or Admission of Criminal Conduct
- AG ¶ 22(a)raisedAlcohol Consumption - Alcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedAlcohol Consumption - Habitual or Binge Consumption of Alcohol
- AG ¶ 16(a)raisedPersonal Conduct - Deliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 32(a)rejectedCriminal Conduct - Time Elapsed Since Criminal BehaviorThe applicant's last incident was in 2007, and the judge found it too soon to conclude successful rehabilitation.
- AG ¶ 23(b)rejectedAlcohol Consumption - Acknowledgment of Alcoholism and Actions Taken to Overcome ItThe applicant's two years of abstinence were insufficient compared to his prior alcohol-related offenses.
- AG ¶ 23(d)rejectedAlcohol Consumption - Successful Completion of Counseling or RehabilitationThe applicant did not demonstrate ongoing participation in aftercare or support groups.
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 issuedAug 20, 2008
- Answer filedSep 17, 2008
- Hearing heldFeb 18, 2009
- Decision dateMar 31, 2009
Cite For
- Evaluation of Criminal Conduct Under Guideline J
- Assessment of Alcohol Consumption Issues Under Guideline G
- Consideration of Personal Conduct and Omissions Under Guideline E