Summary
A 55-year-old merchant officer 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 incidents, including a Driving Under the Influence (DUI) conviction in 1983 or 1984, for which he attended alcohol and drug awareness classes. In 2009, he was diagnosed as alcohol dependent while in an outpatient treatment program and was also arrested, charged, and convicted of assault and battery (spousal abuse).
Despite the 2009 diagnosis and treatment, the applicant resumed consuming alcohol after completing the program. He also failed to disclose his alcohol dependence diagnosis during the clearance process. The decision noted that while some mitigating conditions were considered, the applicant did not provide sufficient evidence of successful rehabilitation or a consistent pattern of abstinence from alcohol.
Ultimately, the applicant's history of alcohol-related incidents, including a DUI and domestic violence conviction, coupled with his resumption of drinking after treatment and failure to disclose his diagnosis, raised significant doubts about his reliability and judgment. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- Applicant has a history of alcohol-related incidents, including a DUI and domestic violence conviction.
- Applicant was diagnosed as alcohol dependent but resumed drinking after treatment, raising concerns about his reliability.
- Applicant did not provide evidence of successful rehabilitation or a pattern of abstinence.
Conditions Referenced
- G.22(a)raisedAlcohol-related Incidents Away From Work
- G.22(c)raisedHabitual or Binge Consumption of Alcohol
- G.22(f)raisedRelapse After Diagnosis of Alcohol Abuse or Dependence
- J.31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- J.31(c)raisedAllegation or Admission of Criminal Conduct
- G.23(a)rejectedBehavior Unlikely to RecurThe applicant's recent alcohol-related incident raises concerns about recurrence.
- G.23(b)rejectedAcknowledgment of Alcoholism and Evidence of Actions Taken to Overcome the ProblemThe applicant did not acknowledge his alcohol dependence.
- G.23(c)rejectedParticipation in a Counseling or Treatment ProgramThe applicant did not maintain abstinence after treatment.
- G.23(d)rejectedSuccessful Completion of Counseling or RehabilitationThe applicant relapsed after treatment.
- J.32(a)rejectedTime Elapsed Since Criminal Behavior Unlikely to RecurBoth incidents occurred under similar circumstances of alcohol consumption.
- J.32(d)rejectedEvidence of Successful RehabilitationThe applicant has not demonstrated successful rehabilitation.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMar 9, 2012
- Answer filedMar 26, 2012Requested decision on the record.
- Hearing held—No hearing; decision made on the record.
- Decision dateJul 23, 2012
Cite For
- Failure to Demonstrate Rehabilitation After Alcohol Dependence Diagnosis
- Impact of Criminal Conduct on Security Clearance Eligibility
- Insufficient Evidence to Mitigate Alcohol-related Security Concerns