Summary
A 47-year-old defense contractor, with a 20-year security clearance history, was denied a security clearance under Guideline G (Alcohol Consumption). The denial stemmed from a pattern of alcohol consumption that resulted in two DUI convictions.
The Statement of Reasons detailed allegations including a DUI with a Blood Alcohol Content of 0.08% or higher and a Wet Reckless charge, followed by a second arrest on November 19, 2007, for being under the influence of drugs/alcohol and driving with 0.08% or more alcohol. It was also alleged that the applicant had a pattern of consuming alcohol to intoxication and driving home several times per week from 1997 to 2005 and again in 2007.
The denial was based on several factors: the two DUI convictions indicating a pattern of alcohol-related incidents, the applicant remaining on probation for the second DUI, and the judge finding the applicant's testimony regarding sobriety not credible due to an inability to recall key aspects of AA participation. Disqualifying conditions G.22.a and G.22.c were raised, while mitigating conditions G.23.a, G.23.b, G.23.c, and G.23.d were applied, but ultimately deemed insufficient to overcome the security concerns.
Why the Applicant Was Denied
- The applicant has two DUI convictions, indicating a pattern of alcohol-related incidents.
- The applicant remains on probation for his second DUI conviction, which raises concerns about his reliability and trustworthiness.
- The applicant's testimony regarding his commitment to sobriety was deemed not credible, as he could not recall key aspects of his AA participation.
Conditions Referenced
- G.22.araisedAlcohol-related Incidents Away From Work
- G.22.craisedHabitual or Binge Consumption of Alcohol
- G.23.arejectedTime Passed or Infrequent Behavior Unlikely to RecurInsufficient time has passed since the applicant's last alcohol-related incident.
- G.23.brejectedAcknowledgment of Alcoholism and Actions TakenThe applicant did not convincingly demonstrate a pattern of abstinence or responsible use.
- G.23.crejectedParticipation in Counseling or Treatment ProgramThe applicant's participation in AA was not credible, lacking a sponsor and detailed knowledge of the program.
- G.23.drejectedSuccessful Completion of Treatment and AftercareThe applicant's ongoing probation and lack of clear evidence of rehabilitation do not support this condition.
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 issuedJun 11, 2010
- Answer filedJun 26, 2010
- Hearing heldSep 24, 2010
- Decision dateOct 21, 2010
Cite For
- Denial of Security Clearance Due to Alcohol-related Incidents Under Guideline G
- Credibility Issues in Applicant's Testimony Regarding Alcohol Abstinence
- Impact of Ongoing Probation on Security Clearance Eligibility