Summary
A 30-year-old engineer was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant had a history of alcohol-related offenses between 1998 and 2007, including a December 2000 conviction for operating a motor vehicle under the influence of liquor. Additionally, in July 2001, the applicant was convicted of larceny for stealing an advertising banner.
The most significant concern stemmed from an August 2007 felony charge of driving while intoxicated and causing serious injury, to which the applicant pleaded no contest. This incident, along with other alcohol-related criminal conduct, raised questions about the applicant's judgment and reliability. Disqualifying conditions cited included a pattern of alcohol consumption to excess, alcohol-related criminal conduct, and a history of criminal conduct.
While the applicant demonstrated some mitigating factors, such as abstaining from alcohol since August 2007 and completing an alcohol dependency treatment program from August 2007 to April 2008, these were deemed insufficient. The denial was based on the recency of the last criminal conduct (less than three years before the hearing), the lack of a formal support system for long-term sobriety, and insufficient evidence of rehabilitation, particularly given ongoing probation scrutiny.
Why the Applicant Was Denied
- The applicant has a history of multiple alcohol-related offenses and a felony conviction for driving while intoxicated, raising significant security concerns.
- The applicant's last criminal conduct occurred less than three years before the hearing, indicating a lack of sufficient time to demonstrate rehabilitation.
- The applicant lacks a formal support system for alcohol dependence, relying instead on self-designed measures, which raises doubts about long-term sobriety.
Conditions Referenced
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 22(e)raisedEvaluation of Alcohol Abuse or Dependence
- AG ¶ 32(a)rejectedSo Much Time Has Elapsed Since the Criminal BehaviorThe applicant's last criminal conduct was less than three years prior to the hearing.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant has not demonstrated sufficient time or a formal support system to establish successful rehabilitation.
- AG ¶ 23(b)appliedAcknowledgment of Alcoholism and Pattern of Abstinence
- AG ¶ 23(d)appliedSuccessful Completion of Counseling or RehabilitationThe applicant successfully completed an alcohol treatment program.
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 issuedJul 17, 2009
- Answer filedSep 29, 2009
- Hearing heldJan 6, 2010
- Decision dateMar 16, 2010
Cite For
- Evaluation of Alcohol-related Criminal Conduct Under Guidelines J and G
- Insufficient Evidence of Rehabilitation Despite Positive Lifestyle Changes
- Impact of Ongoing Probation on Security Clearance Eligibility