Summary
A 29-year-old electronics technician and Navy Reserve member was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant had a history of excessive alcohol use from approximately 1998 to at least July 2009, including an underage drinking citation in October 1998 and subsequent alcohol treatment from November to December 1998.
Further issues included a February 2008 arrest for negligent driving, DUI, driving while impaired, and DUI per se, resulting in a guilty plea to driving while impaired, probation, and a fine. In July 2009, the applicant was arrested again for DUI, DUI per se, driving while impaired, failure to drive on the right, driving on a suspended registration, and negligent driving, pleading guilty to DUI and receiving a suspended jail sentence and probation. He also faced an April 2009 charge for assault-second degree, which was placed on a Stet docket, and was ordered to pay restitution. The applicant received additional alcohol treatment between November 2009 and June 2010.
Despite demonstrating some positive changes and compliance with probation, the judge found insufficient evidence of rehabilitation. The denial was based on the applicant's failure to mitigate security concerns, his history of alcohol-related offenses, the absence of a formal diagnosis, and his ongoing probation status, which indicated a risk of recurring poor judgment.
Why the Applicant Was Denied
- The applicant failed to mitigate security concerns regarding his alcohol consumption and criminal conduct.
- The applicant's history of alcohol-related offenses and lack of a formal diagnosis raised doubts about his reliability and trustworthiness.
- The applicant's ongoing probation status and recent DUI convictions indicated a risk of recurrence of poor judgment.
Conditions Referenced
- DC ¶ 22(a)appliedAlcohol-related Incidents Away From Work
- DC ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
- DC ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- DC ¶ 31(c)appliedAllegation or Admission of Criminal Conduct
- MC ¶ 32(a)appliedTime Elapsed Since Criminal BehaviorSome time has elapsed since the last criminal behavior, but not enough to mitigate concerns.
- MC ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant lacked a reliable track record for avoiding alcohol-related incidents.
Key Rule Quoted
“"The ultimate determination of an applicant's eligibility for a security clearance depends, in large part, on the relevance and materiality of that evidence."”
Procedural Posture
- SOR issuedNov 4, 2010
- Answer filedNov 18, 2010
- Hearing heldMar 29, 2011
- Decision dateApr 5, 2011
Cite For
- Denial of Security Clearance Due to Alcohol-related Offenses
- Impact of Criminal Conduct on Security Clearance Eligibility
- Insufficient Evidence of Rehabilitation in Alcohol-related Cases