Summary
A 23-year-old government contractor intern was denied a security clearance under Guidelines E (Personal Conduct) and G (Alcohol Consumption). The denial stemmed from a series of alcohol-related incidents and a failure to comply with court orders.
Between 2005 and 2008, the applicant had four documented alcohol-related incidents. These included being cited for drinking in public and possessing an open container in April 2005, and again in March 2008. In March 2008, he was also arrested for assaulting a female after consuming alcohol, and faced a DUI arrest. As part of his sentences, the applicant failed to complete community service for the public drinking citation and did not comply with a court order to abstain from alcohol for six months following his DUI.
Despite some reduction in alcohol consumption after his DUI arrest, the applicant did not provide sufficient evidence of mitigating circumstances or a consistent pattern of responsible alcohol use. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant had four alcohol-related incidents from 2005 to 2008, including a DUI arrest.
- He failed to comply with two court orders regarding alcohol consumption and community service.
- The applicant did not provide sufficient evidence of mitigating circumstances or a clear pattern of responsible alcohol use.
Conditions Referenced
- G 22(a)raisedAlcohol-related Incidents Away From Work
- E 2(c)raisedFailure to Comply with Court Orders
- G 23(a)rejectedTime Passed or Infrequent Behavior Unlikely to RecurThe applicant had four alcohol-related incidents in a short time frame.
- G 23(b)rejectedAcknowledgment of Alcohol Issues and Pattern of AbstinenceThe applicant did not fully acknowledge his alcohol consumption history.
- G 23(c)rejectedParticipation in Counseling or Treatment ProgramThe applicant did not complete any alcohol treatment or counseling programs.
- G 23(d)rejectedSuccessful Completion of Rehabilitation and Pattern of AbstinenceThe applicant did not demonstrate a clear pattern of abstinence or completion of rehabilitation.
Key Rule Quoted
“"Once a concern arises regarding an Applicant’s security clearance eligibility, there is a strong presumption against the grant or maintenance of a security clearance."”
Procedural Posture
- SOR issuedMar 12, 2009
- Answer filedApr 21, 2009Applicant elected for a written record decision.
- Hearing held—No hearing; decision based on written record.
- Decision dateAug 28, 2009
Cite For
- Denial of Security Clearance Due to Multiple Alcohol-related Incidents
- Failure to Comply with Court Orders as a Disqualifying Factor
- Lack of Sufficient Mitigating Evidence Regarding Alcohol Consumption Issues