Summary
A 51-year-old sheet metal worker was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The denial stemmed from a history of alcohol-related offenses, including multiple driving while intoxicated (DWI) and driving under the influence (DUI) charges, and a failure to fully disclose these incidents on his security clearance application (SCA).
Specific allegations included a 1984 charge for simple assault and property destruction, and multiple DWI/DUI charges in 2000, 2002, 2011 (October), and 2011 (December). He was convicted of reckless driving in one instance, pleaded guilty to others resulting in jail time and probation, and was convicted of DWI in December 2011 despite a not guilty plea. The applicant also failed to disclose all alcohol-related charges on his SCA, drove in violation of a court order requiring an interlock device, and did not inform his Facility Security Officer (FSO) of a December 2011 DWI arrest due to embarrassment and fear of job loss.
While the applicant acknowledged his alcohol issues and attended Alcoholics Anonymous, the judge found insufficient evidence of rehabilitation and ongoing compliance with legal requirements. The denial was based on his multiple alcohol-related arrests and convictions, his lack of candor on the SCA, and his ongoing probation for recent offenses, all of which raised concerns about his judgment, reliability, and credibility.
Why the Applicant Was Denied
- The applicant had multiple alcohol-related arrests and convictions, raising concerns about his judgment and reliability.
- He failed to disclose all relevant arrests on his security clearance application, which undermined his credibility.
- The applicant was still on probation for recent DUI offenses, indicating ongoing issues with alcohol consumption.
Conditions Referenced
- AG ¶ 31(a)appliedCriminal Conduct - Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)appliedCriminal Conduct - Admission of Criminal Conduct
- AG ¶ 31(d)appliedCriminal Conduct - Currently on Parole or Probation
- AG ¶ 31(e)appliedCriminal Conduct - Violation of Parole or Probation
- AG ¶ 22(a)appliedAlcohol Consumption - Alcohol-related Incidents
- AG ¶ 22(c)appliedAlcohol Consumption - Habitual or Binge Consumption
- AG ¶ 16(c)appliedPersonal Conduct - Credible Adverse Information
- AG ¶ 16(d)appliedPersonal Conduct - Credible Adverse Information Not Covered by Other Guidelines
- AG ¶ 32(c)appliedCriminal Conduct - Did Not Commit the Offense
- AG ¶ 23(b)appliedAlcohol Consumption - Acknowledgment of Alcoholism
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedOct 2, 2012
- Answer filedOct 30, 2012
- Hearing heldFeb 26, 2013
- Decision dateMar 14, 2013
Cite For
- Denial Based on Multiple Alcohol-related Offenses Under Guideline J
- Failure to Disclose Relevant Arrests Under Guideline E
- Ongoing Alcohol Issues Impacting Security Clearance Eligibility Under Guideline G