Summary
This case concerns a 55-year-old government contractor who was granted a security clearance despite a history of alcohol-related and criminal conduct. The Statement of Reasons cited three arrests between 1990 and 2011, including two instances of Driving Under the Influence (DUI) in 1990 and 2011, and one charge of furnishing alcohol to a minor. These allegations raised security concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct), specifically citing disqualifying conditions G 22(a), G 22(c), and J 31(a).
However, the judge found that the applicant successfully mitigated these concerns. Mitigating conditions G 23(a), G 23(b), J 32(a), J 32(d), E 17(c), and E 17(d) were applied. The decision to grant the clearance was based on the applicant's sustained sobriety since August 2011, following the completion of court-ordered alcohol counseling.
The applicant demonstrated a strong commitment to abstaining from alcohol and actively sought supportive influences. Ultimately, the judge concluded that the applicant's past alcohol-related incidents no longer cast doubt on his current reliability and trustworthiness, leading to the granting of his eligibility for access to classified information.
Why the Applicant Prevailed
- The applicant has maintained sobriety since August 2011 after completing court-ordered alcohol counseling.
- He demonstrated a strong commitment to abstaining from alcohol and surrounding himself with supportive influences.
- The applicant's past alcohol-related incidents do not cast doubt on his current reliability and trustworthiness.
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
- G 23(a)appliedTime Has Passed or Behavior Unlikely to Recur
- G 23(b)appliedAcknowledgment of Alcohol Issues and Pattern of Abstinence
- J 32(a)appliedTime Elapsed Since Criminal Behavior
- J 32(d)appliedEvidence of Successful Rehabilitation
- E 17(c)appliedBehavior Unlikely to Recur
- E 17(d)appliedAcknowledgment of Behavior and Counseling
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 issuedDec 3, 2013
- Answer filedDec 23, 2013
- Hearing heldMar 6, 2014
- Decision dateApr 2, 2014
Cite For
- Mitigation of Alcohol-related Offenses Under Guideline G
- Successful Rehabilitation and Commitment to Sobriety as Mitigating Factors
- Whole-person Assessment in Security Clearance Determinations