Summary
A 30-year-old software engineer was granted a security clearance under Guideline G (Alcohol Consumption), despite a history of alcohol-related offenses. The Statement of Reasons detailed multiple arrests for driving while intoxicated between 1999 and 2004. These included an arrest in 1999, another in February 2003, and a third in February 2004, which also involved driving on a suspended license. A final incident in 2004 included charges of driving while intoxicated, giving a false name, disorderly conduct, obstruction, leaving the scene of an accident, and failure to maintain a lane.
Disqualifying conditions under Guideline G were raised, specifically AG ¶ 22(a), AG ¶ 22(c), AG ¶ 22(d), AG ¶ 22(e), AG ¶ 22(f), and AG ¶ 22(g). However, the judge applied mitigating condition AG ¶ 23(a), finding that the applicant had demonstrated significant personal reform.
The decision to grant the clearance was based on several factors: the applicant had no alcohol-related incidents since 2006, indicating a sustained period of sobriety. He also established a stable family life and a successful career, which contributed to his maturity and responsible behavior. Furthermore, the applicant fully complied with all court directives and completed all sentencing requirements.
Why the Applicant Prevailed
- The applicant has not had any alcohol-related incidents since 2006, demonstrating significant personal reform.
- He has established a stable family life and a successful career, which contributed to his maturity and responsible behavior.
- The applicant's compliance with court directives and completion of all sentencing requirements were noted favorably.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)notedHabitual or Binge Consumption of Alcohol
- AG ¶ 22(d)notedDiagnosis of Alcohol Abuse or Dependence
- AG ¶ 22(e)notedEvaluation of Alcohol Abuse or Dependence
- AG ¶ 22(f)notedRelapse After Diagnosis of Alcohol Abuse or Dependence
- AG ¶ 22(g)notedFailure to Follow Court Orders Regarding Alcohol Education
- AG ¶ 23(a)appliedBehavior Unlikely to RecurThe applicant has demonstrated a significant period of time without alcohol-related incidents, indicating reform.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 6, 2010
- Answer filedMay 28, 2010
- Hearing heldJul 28, 2010
- Decision dateSep 17, 2010
Cite For
- Demonstrating Personal Reform After a History of Alcohol-related Offenses
- Consideration of Stable Family and Employment Circumstances in Security Clearance Decisions
- Application of Mitigating Conditions Under Guideline G for Alcohol Consumption Issues