Summary
A 43-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The denial stemmed primarily from a serious alcohol-related incident in 2011. During this event, after an argument with his wife, the applicant became heavily intoxicated, locked his wife out of their home, and pointed a firearm at his son. The incident concluded with his surrender to a SWAT team, and he subsequently pleaded guilty to two counts of disorderly conduct involving domestic violence, resulting in a probation term that ended in April 2015.
Further concerns arose from allegations that the applicant provided false and misleading information during his background investigation interview. While the applicant demonstrated rehabilitation efforts, the judge found these efforts insufficient to mitigate the significant security concerns.
The denial was specifically based on the severity of the 2011 incident, which involved brandishing a firearm and domestic violence, and the fact that he resumed drinking alcohol after his probation concluded. These factors raised concerns about the potential for similar incidents to recur, leading to the ultimate denial of his security clearance.
Why the Applicant Was Denied
- The applicant was involved in a serious alcohol-related incident that included brandishing a firearm at his son.
- He pleaded guilty to two counts of disorderly conduct involving domestic violence and was placed on probation for six years.
- The applicant resumed drinking alcohol after probation, raising concerns about the potential for recurrence of similar incidents.
Conditions Referenced
- AG ¶ 15(c)raisedCredible Adverse Information
- 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 ¶ 17(c)rejectedThe Offense Is so Minor or so Much Time Has Passed
- AG ¶ 17(d)rejectedThe Person Has Acknowledged the Behavior and Obtained Counseling
- AG ¶ 23(a)rejectedSo Much Time Has Passed or the Behavior Was so Infrequent
- AG ¶ 32(a)rejectedSo Much Time Has Elapsed Since the Criminal Behavior Happened
- AG ¶ 32(d)rejectedEvidence of Successful Rehabilitation
Key Rule Quoted
“the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedSep 11, 2014
- Answer filedOct 22, 2014
- Hearing heldJun 2, 2015
- Decision dateAug 20, 2015
Cite For
- Serious Alcohol-related Incidents Leading to Criminal Conduct Under Guideline J
- Impact of Domestic Violence on Security Clearance Eligibility Under Guideline E
- Resumption of Alcohol Consumption Post-rehabilitation as a Risk Factor for Security Clearance Denial Under Guideline G