Summary
A 46-year-old defense contractor and former Army National Guard member was granted a security clearance despite concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The Statement of Reasons detailed a General Court-Martial in 2006 where the applicant was found not guilty of rape but guilty of fraternizing with enlisted persons, wrongful sex with a non-spouse, wrongful indecent acts, and violating a lawful general order by consuming alcohol. For these offenses, he was sentenced to dismissal from the military and two years of confinement.
Additional allegations included a 1990 Driving While Intoxicated (DWI) arrest, a 1989 public intoxication charge, and a 1988 arrest for furnishing alcohol to minors. The applicant was also evaluated in 1993 for alcohol abuse. He admitted to the allegations of sexual behavior, excessive alcohol consumption, and criminal acts.
However, the judge found significant rehabilitation. The applicant has abstained from alcohol since April 2005, nearly nine years prior to the decision. He provided extensive positive character references and evidence of proactive steps to address his past behavior. The time elapsed since the last incident and his demonstrated behavioral change were key mitigating factors, leading to the decision to grant the security clearance.
Why the applicant prevailed
- The applicant has not consumed alcohol since April 2005, demonstrating significant behavioral change.
- The applicant provided extensive positive character references and evidence of rehabilitation.
- The time elapsed since the last incident and the applicant's proactive steps to address past behavior were considered mitigating.
Conditions referenced
- E2.A2.1raisedPersonal ConductThe applicant engaged in conduct that exhibited questionable judgment and unreliability.
- E2.A2.2raisedAlcohol ConsumptionThe applicant's history of alcohol-related incidents raised concerns about judgment.
- E2.A2.3raisedSexual ConductThe applicant's sexual behavior was criminal in nature.
- E2.A2.4raisedCriminal ConductThe applicant engaged in criminal acts that create doubt about judgment.
- E2.A2.1appliedPersonal ConductThe applicant's conduct occurred almost nine years ago, and he has shown remorse and rehabilitation.
- E2.A2.2appliedAlcohol ConsumptionThe applicant has maintained abstinence from alcohol since 2005 and has completed counseling.
- E2.A2.3appliedSexual ConductThe sexual conduct occurred only once and under unusual circumstances, unlikely to recur.
- E2.A2.4appliedCriminal ConductThe applicant has demonstrated successful rehabilitation and no recurrence of criminal activity.
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 issuedMay 29, 2013
- Answer filedJun 22, 2013
- Hearing heldJan 30, 2014Hearing convened as scheduled.
- Decision dateFeb 21, 2014
Cite for
- Successful Rehabilitation After Criminal Conduct Under Guideline J
- Mitigating Factors for Past Alcohol-related Incidents Under Guideline G
- Consideration of the Whole-person Concept in Security Clearance Decisions