Summary
A 32-year-old engineer was denied a security clearance under Guideline G (Alcohol Consumption) due to a history of alcohol-related incidents between 2001 and 2011. Specific allegations included an arrest for minor in possession of alcohol in May 2001, three months before his 21st birthday. In November 2003, he was arrested and found guilty of driving under the influence (DUI), resulting in court-ordered alcohol education, a fine, and court costs. His most recent incident occurred in July 2011, when he was arrested for driving while intoxicated (DWI) with a prior offense, driving without a valid license, and having an expired insurance card.
Disqualifying conditions under Guideline G were raised, specifically concerning a pattern of alcohol consumption that indicates questionable judgment and a history of alcohol-related incidents. While the applicant claimed to have stopped drinking in October 2011 and sought counseling, the judge applied mitigating conditions related to the passage of time and participation in a counseling program.
However, the clearance was ultimately denied. The judge determined that the applicant's multiple alcohol-related arrests demonstrated a problematic pattern, and insufficient time had passed since his last incident to establish a reliable pattern of abstinence. Furthermore, the applicant remained on probation for his most recent DWI at the time of the decision, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had multiple alcohol-related arrests, including DUI and DWI, demonstrating a pattern of problematic behavior.
- Insufficient time had elapsed since the applicant's last alcohol-related incident to establish a reliable pattern of abstinence.
- The applicant was still on probation for his most recent DWI at the time of the decision.
Conditions Referenced
- AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
- AG ¶ 22(d)rejectedDiagnosis of Alcohol Abuse or DependenceApplicant was not diagnosed with alcohol abuse or dependence.
- AG ¶ 23(a)appliedTime Passed or Unusual CircumstancesApplicant stopped consuming alcohol in compliance with court orders.
- AG ¶ 23(c)rejectedParticipation in Counseling or Treatment ProgramApplicant does not currently attend any alcohol treatment or counseling program.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon meeting the criteria contained in the adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedOct 17, 2012
- Answer filedOct 30, 2012
- Hearing heldDec 19, 2012
- Decision dateJan 8, 2013
Cite For
- Evaluation of Multiple Alcohol-related Incidents Under Guideline G
- Insufficient Time as a Factor in Mitigating Alcohol Consumption Concerns
- The Importance of Ongoing Treatment or Counseling in Alcohol-related Cases