Summary
A 29-year-old engineering technician was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons cited a history of alcohol-related incidents, including two DWI convictions, and a pattern of consuming alcohol to excess and to the point of intoxication.
Disqualifying conditions related to alcohol consumption and criminal conduct were raised. While the applicant expressed remorse and completed probation, the judge found the evidence of rehabilitation insufficient. Mitigating conditions, such as the passage of time and a change in behavior, were considered but ultimately deemed inadequate.
The denial was based on the applicant's history of multiple arrests and convictions, including the two DWI offenses. The judge concluded that the applicant failed to provide sufficient evidence of rehabilitation or a consistent pattern of responsible alcohol consumption, and that recent behavioral changes were not enough to mitigate concerns regarding judgment and reliability.
Why the applicant was denied
- The applicant has a history of multiple arrests and convictions, including two DWI offenses.
- The applicant did not provide sufficient evidence of rehabilitation or a pattern of responsible alcohol consumption.
- The applicant's recent change in behavior was deemed insufficient to mitigate concerns about his judgment and reliability.
Conditions referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 23(a)appliedTime Passed Since Last IncidentThe applicant's last DWI occurred in May 2008, approximately two years prior.
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol IssuesThe applicant denies having an alcohol problem despite his history.
- AG ¶ 23(c)rejectedParticipation in Counseling or TreatmentThe applicant did not provide evidence of active participation in treatment programs.
- AG ¶ 23(d)rejectedSuccessful Completion of RehabilitationThe applicant's recent release from probation does not demonstrate a long-term pattern of rehabilitation.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJan 13, 2010
- Answer filedFeb 18, 2010
- Hearing heldApr 28, 2010
- Decision dateJul 20, 2010
Cite for
- Insufficient Evidence of Rehabilitation Under Guideline G
- Impact of Criminal History on Security Clearance Under Guideline J
- Consideration of Recent Behavior Changes in Security Clearance Decisions