Summary
A 56-year-old principal technical support engineer was granted a security clearance despite initial concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement). The Statement of Reasons cited a January 2005 driving while impaired (DWI) conviction and a second DWI conviction in May 2011, which resulted in probation from January 2012 to January 2014. Additionally, the applicant underwent inpatient treatment for diagnosed alcohol addiction in July 2011.
Allegations also included marijuana use in July 2011, after the applicant had been granted a Department of Defense security clearance around 2008. These issues raised disqualifying conditions related to alcohol consumption and personal conduct.
However, the applicant successfully mitigated these concerns. The administrative judge noted the applicant's demonstrated commitment to sobriety, having abstained from alcohol since July 2011. Furthermore, there was no evidence to substantiate the allegations of marijuana use while holding a security clearance. Given that the alcohol-related incidents occurred several years prior and the applicant showed no intent to resume drinking, the security clearance was granted.
Why the Applicant Prevailed
- The applicant has abstained from alcohol since July 2011, demonstrating a commitment to sobriety.
- There was no evidence to substantiate allegations of marijuana use while holding a security clearance.
- The applicant's alcohol-related incidents occurred several years prior, and he has shown no intent to resume drinking.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(b)rejectedAlcohol-related Incidents at WorkNo evidence of alcohol-related incidents at work was substantiated.
- AG ¶ 22(d)appliedDiagnosis of Alcohol Abuse or DependenceThe applicant was diagnosed with alcohol dependence by a qualified medical professional.
- AG ¶ 23(a)rejectedTime Passed or Infrequent Behavior Unlikely to RecurThe applicant's recidivism precludes finding that the behavior was infrequent or unlikely to recur.
- AG ¶ 23(b)appliedAbstinence From AlcoholThe applicant has maintained abstinence from alcohol since July 2011.
- AG ¶ 23(d)appliedSuccessful Completion of TreatmentThe applicant completed an intensive outpatient program and has shown commitment to sobriety.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 25, 2014
- Answer filedMay 23, 2014
- Hearing heldOct 22, 2014
- Decision dateFeb 11, 2015
Cite For
- Mitigation of Alcohol Consumption Concerns Under Guideline G
- Absence of Evidence for Drug Involvement Under Guideline H
- Successful Rehabilitation Efforts in Personal Conduct Cases Under Guideline E