Summary
A 42-year-old federal contractor employee was denied a security clearance under Guideline G (Alcohol Consumption) due to a history of alcohol-related incidents. The Statement of Reasons detailed three DUI convictions: one in 2003, another in 2005, and a third in 2009. Following the 2005 conviction, the applicant was diagnosed with alcohol abuse/dependence and attended a treatment program. Also in 2005, the applicant resigned from active duty military service, receiving a general discharge under honorable conditions.
The denial was based on the applicant's repeated DUI convictions over a ten-year period, which raised serious concerns about judgment, reliability, and trustworthiness. While the applicant claimed sobriety and participation in rehabilitation programs, the judge determined that insufficient evidence of reform and rehabilitation was presented to mitigate these concerns.
Specifically, Disqualifying Conditions AG ¶ 22(a) and AG ¶ 22(c) were raised, while Mitigating Conditions AG ¶ 23(b) and AG ¶ 23(d) were considered but ultimately deemed insufficient to overcome the established pattern of alcohol-related misconduct. The security clearance was therefore denied.
Why the Applicant Was Denied
- The applicant has a history of three DUI convictions within a ten-year period, demonstrating a lack of good judgment.
- The applicant failed to present sufficient evidence of reform and rehabilitation despite claims of sobriety and participation in treatment programs.
- The applicant's conduct raised serious concerns about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents
- AG ¶ 22(c)raisedRepeated Alcohol-related Offenses
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol Issues and Actions TakenThe applicant's claims of sobriety and participation in treatment were not sufficient to mitigate the concerns.
- AG ¶ 23(d)rejectedCompletion of Counseling or RehabilitationThe applicant's evidence of rehabilitation did not demonstrate a long-term track record of sobriety.
Key Rule Quoted
“The clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedMay 18, 2012
- Answer filedTimely
- Hearing heldN/ADecided on written record
- Decision dateAug 30, 2012
Cite For
- Denial of Security Clearance Due to Repeated Alcohol-related Offenses Under Guideline G
- Insufficient Evidence of Rehabilitation in Cases of Multiple Duis
- Importance of Long-term Sobriety for Mitigating Security Concerns