Summary
A 56-year-old senior staff software engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons detailed a history of alcohol abuse, including multiple instances of reporting to work under the influence, twice being intoxicated and disoriented at work, and a charge for driving under the influence (DUI). Additionally, the applicant was diagnosed with alcohol dependence and had illegally used marijuana in July 1998 while already holding a security clearance.
The judge acknowledged the applicant's efforts toward rehabilitation, which included a seven-month period of abstinence from alcohol and participation in counseling. However, these mitigating factors were deemed insufficient to overcome the long history of alcohol abuse and related incidents.
Ultimately, the judge concluded that the seven-month period of abstinence was not a sustained period and did not convincingly demonstrate that the applicant would not relapse into alcohol-related behavior. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant has a long history of alcohol abuse, including incidents of reporting to work intoxicated and a DUI charge.
- A seven-month period of abstinence was deemed insufficient to mitigate the risk of relapse into alcohol-related behavior.
- The applicant's favorable evidence did not convincingly demonstrate that he would not relapse into alcohol consumption.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence
- AG ¶ 22(b)raisedAlcohol-related Incidents at Work, Such as Reporting for Work in an Intoxicated or Impaired Condition
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment, Regardless of Whether the Individual Is Diagnosed as an Alcohol Abuser or Alcohol Dependent
- AG ¶ 23(a)rejectedSo Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good JudgmentWhile some time has passed since the last incident, the applicant's history of alcohol abuse raises ongoing concerns.
- AG ¶ 23(b)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Caused Untrustworthy, Unreliable, or Other Inappropriate Behavior, and Such Behavior Is Unlikely to Recur
- AG ¶ 23(c)rejectedThe Individual Has Successfully Completed a Rehabilitation ProgramThe judge found that the applicant's rehabilitation efforts were insufficient given the history of alcohol abuse.
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 issuedFeb 20, 2009Amended on May 20, 2009
- Answer filedApr 16, 2009Response to SOR allegations
- Hearing heldJul 8, 2009Hearing convened as scheduled
- Decision dateAug 5, 2009
Cite For
- Denial of Security Clearance Due to History of Alcohol Abuse Under Guideline G
- Insufficient Evidence of Rehabilitation Despite a Period of Abstinence
- Consideration of Personal Conduct Under Guideline E in Conjunction with Alcohol-related Issues.