Summary
A 45-year-old federal contractor was denied a security clearance under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct) due to a history of alcohol-related incidents. The Statement of Reasons detailed four specific allegations: a 2002 DUI arrest with BACs of .18% and .19%, a 2011 DUI arrest with BACs of .20% and .22%, reporting to work intoxicated in December 2004, and a July 2012 arrest for public intoxication with a BAC of .29%.
These incidents raised disqualifying conditions under Alcohol Consumption and Criminal Conduct guidelines. While the applicant ceased alcohol consumption in December 2012 and attended Alcoholics Anonymous, the judge found this insufficient to mitigate concerns.
The denial was based on the applicant's serious alcohol problem, evidenced by four incidents of alcohol-related criminal conduct between 1998 and 2012. Notably, the public intoxication incident occurred while the applicant was on probation for a DUI conviction. Ultimately, the applicant did not provide sufficient evidence to mitigate concerns regarding his judgment and reliability, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant has a serious problem with alcohol, evidenced by four incidents of alcohol-related criminal conduct from 1998 to 2012.
- The applicant's recent public intoxication incident occurred while on probation for a DUI conviction.
- The applicant did not present sufficient evidence to mitigate concerns about his fitness and suitability to hold a security clearance.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 31(d)raisedIndividual Is Currently on Parole or Probation
- AG ¶ 20(a)appliedThe Individual Has Acknowledged His Problem with Alcohol and Has Taken Positive Steps to Address It
- AG ¶ 20(b)rejectedThe Individual Has Successfully Completed a Rehabilitation ProgramThe applicant's attendance at Alcoholics Anonymous was irregular and insufficient to mitigate concerns.
- AG ¶ 20(c)rejectedThe Individual Has Established a Support SystemThe support system was not deemed sufficient to mitigate the serious concerns raised.
Key Rule Quoted
“No one has a right to a security clearance.”
Procedural Posture
- SOR issuedFeb 13, 2013
- Answer filed—
- Hearing heldMay 23, 2013via video teleconference
- Decision dateJun 10, 2013
Cite For
- Evaluation of Alcohol-related Criminal Conduct Under Guideline G
- Impact of Multiple Duis on Security Clearance Eligibility
- Consideration of Mitigating Conditions in the Context of Ongoing Probation