Summary
A 55-year-old defense contractor employee 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-related driving offenses in 1990, 2002, and 2008, with a blood alcohol content exceeding .20 during the 2002 incident. A state-licensed Chemical Dependency Professional diagnosed the applicant as alcohol dependent.
Although the applicant completed a two-year outpatient treatment program for alcohol dependence in July 2011 and has not consumed alcohol since September 2008, this abstinence has been pursuant to a court order and probationary monitoring. The applicant resumed drinking after an earlier probation ended in late 2007 and has only occasionally participated in Alcoholics Anonymous meetings since July 2011. He is currently serving five years of probation for his latest offenses.
The denial was based on the applicant's pattern of irresponsible behavior, his current probationary status, and the fact that his abstinence from alcohol is under court supervision. The judge found insufficient evidence to mitigate the security concerns, concluding that the applicant had not demonstrated a consistent pattern of responsible behavior post-treatment.
Why the applicant was denied
- The applicant has a history of multiple DUI offenses, indicating a pattern of irresponsible behavior.
- The applicant is currently on probation for his latest DUI and DWLS offenses, raising concerns about his reliability and judgment.
- The applicant's abstinence from alcohol is under court supervision, and he has not demonstrated a consistent pattern of responsible behavior post-treatment.
Conditions referenced
- G.22(a)raisedAlcohol-related Incidents Away From Work
- G.22(c)raisedHabitual or Binge Consumption of Alcohol
- J.31(d)raisedIndividual Is Currently on Parole or Probation
- G.23(b)rejectedAcknowledgment of Alcoholism and Actions Taken to Overcome ItThe applicant has not established a consistent pattern of abstinence or responsible use.
- G.23(d)rejectedSuccessful Completion of Counseling or RehabilitationWhile the applicant completed treatment, he has not demonstrated a clear pattern of abstinence without supervision.
- J.32(d)rejectedEvidence of Successful RehabilitationThe applicant's rehabilitation is under probationary supervision, and he has a history of recidivism.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedAug 23, 2011
- Answer filedSep 30, 2011
- Hearing heldJan 23, 2012rescheduled due to inclement weather
- Decision dateMar 2, 2012
Cite for
- Pattern of Alcohol-related Offenses Under Guideline G
- Impact of Ongoing Probation on Security Clearance Eligibility Under Guideline J
- Insufficient Evidence of Rehabilitation Despite Completion of Treatment Program