Summary
A 34-year-old systems analyst 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 abuse dating back to 1989, which included multiple arrests. These arrests comprised possession of alcohol and marijuana in 1993, four separate driving while intoxicated (DWI) arrests in 1997, June 2001, March 2002, and September 2003, and an additional DWI arrest in 2008, which also included charges for resisting arrest and disobeying a police officer.
Further criminal conduct included an arrest for assault and battery in February 2005 following an altercation with his wife, and an arrest for criminal trespass and simple assault in March 2008. The applicant also admitted to being intoxicated during a security interview in June 2003. While he completed alcohol counseling courses after his 2002 DWI conviction and an outpatient alcohol treatment program after the 2005 assault, and began seeing a psychologist after his 2008 DWI arrest, these actions were deemed insufficient.
The judge found that the applicant's extensive history of alcohol-related incidents and criminal conduct raised significant security concerns. The applicant's last intoxication occurred only six months prior to the hearing, indicating ongoing issues. Ultimately, the applicant failed to demonstrate a clear and established pattern of abstinence or responsible use of alcohol, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to a long history of alcohol abuse and multiple criminal offenses, including driving under the influence and assault.
- The applicant's last intoxication was only six months prior to the hearing, indicating ongoing issues with alcohol consumption.
- The applicant failed to demonstrate a clear and established pattern of abstinence or responsible use of alcohol.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(b)raisedAlcohol-related Incidents at 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(b)appliedAcknowledgment of Alcoholism and Action Taken to Overcome It
- AG ¶ 23(a)rejectedTime Has Passed or Behavior Was InfrequentThe applicant's alcohol-related incidents were frequent and recent.
- AG ¶ 23(c)rejectedCurrent Participation in a Counseling ProgramThe applicant's participation in counseling was not sufficient to demonstrate control over alcohol consumption.
- AG ¶ 23(d)rejectedSuccessful Completion of Counseling or RehabilitationThe applicant had a history of relapses and did not demonstrate a long-term pattern of abstinence.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 19, 2009
- Answer filedJan 10, 2010
- Hearing heldApr 6, 2010
- Decision dateApr 14, 2010
Cite For
- Denial of Security Clearance Due to Extensive Alcohol-related Incidents
- Impact of Criminal Conduct on Security Clearance Eligibility
- Insufficient Mitigation of Alcohol Consumption Issues in Security Clearance Cases