Summary
A 55-year-old former Navy petty officer and government contractor was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant had a 30-year history of alcohol-related offenses and criminal behavior, beginning in 1980.
Specific allegations included multiple DUI arrests in February 1980, approximately October 1981, and 1992, all resulting in guilty findings and fines, with the 1992 incident also including jail time. In February 2010, the applicant was arrested for hit and run and DUI, pleading guilty to a reduced charge and receiving a fine. This history demonstrated a pattern of poor decision-making while intoxicated.
Despite the applicant's claims of recent sobriety and participation in Alcoholics Anonymous, the judge found insufficient evidence to establish a consistent pattern of abstinence or rehabilitation. The extensive history of alcohol-related offenses and criminal conduct raised substantial doubt about the applicant's judgment and reliability, leading to the denial of the security clearance.
Why the Applicant Was Denied
- Applicant has a 30-year history of alcohol-related offenses, including multiple DUIs and a felony charge.
- Insufficient time has passed since the applicant's last drink to establish a pattern of abstinence or rehabilitation.
- The applicant's criminal behavior raises substantial doubt about his judgment and reliability.
Conditions Referenced
- G.22(a)raisedAlcohol-related Incidents Away From Work
- G.22(c)raisedHabitual or Binge Consumption of Alcohol
- J.31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- J.31(d)raisedIndividual Is Currently on Parole or Probation
- G.23(a)rejectedTime Has Passed or Behavior Was InfrequentNot enough time has passed to determine that recurrence is unlikely.
- G.23(b)rejectedAcknowledgment of Alcoholism and Actions TakenApplicant has not demonstrated a sufficient pattern of abstinence.
- G.23(c)rejectedParticipation in a Counseling or Treatment ProgramApplicant has not participated in any extended formal counseling.
- G.23(d)rejectedSuccessful Completion of Counseling or RehabilitationInsufficient evidence of successful rehabilitation.
- J.32(a)rejectedTime Elapsed Since Criminal BehaviorNot enough time has passed since the last criminal behavior.
- J.32(d)rejectedEvidence of Successful RehabilitationInsufficient evidence of rehabilitation.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedFeb 8, 2013
- Answer filedMar 18, 2013
- Hearing heldNov 20, 2013Hearing was continued from November 4, 2013.
- Decision dateDec 13, 2013
Cite For
- Denial of Security Clearance Due to a Lengthy History of Alcohol-related Offenses
- Insufficient Evidence of Rehabilitation Despite Claims of Sobriety
- Impact of Criminal Conduct on Security Clearance Eligibility