Summary
A 59-year-old software engineer was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The Statement of Reasons cited five alcohol-related arrests and convictions between May 1980 and December 2012, including a DUI conviction that resulted in a suspended 60-day jail sentence and a one-year driver's license suspension.
Additionally, the applicant was terminated from employment on seven separate occasions due to absenteeism or unsatisfactory performance. These employment issues were cross-alleged under the Personal Conduct guideline. Disqualifying conditions were raised under several paragraphs of the Adjudicative Guidelines, including those related to alcohol consumption and criminal conduct.
While mitigating conditions were considered, the judge ultimately denied the clearance. The decision highlighted the applicant's history of multiple alcohol-related arrests, the insufficient time passed since his last incident to demonstrate sustained abstinence or rehabilitation, and his failure to disclose the December 2012 arrest and conviction to prospective employers, which indicated a lack of candor.
Why the Applicant Was Denied
- The applicant's history of multiple alcohol-related arrests raised significant concerns about his reliability and trustworthiness.
- Insufficient time had passed since the applicant's last alcohol-related incident to demonstrate a pattern of abstinence or rehabilitation.
- The applicant failed to disclose his December 2012 arrest and conviction to prospective employers, indicating a lack of candor.
Conditions Referenced
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)appliedCredible Adverse Information That May Not Be Sufficient by Itself for an Adverse Determination
- AG ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)appliedAllegation or Admission of Criminal Conduct
- AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
- AG ¶ 23(b)appliedAcknowledgment of Alcoholism and Actions Taken to Overcome the Problem
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Participation in Counseling
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedSep 11, 2013
- Answer filedOct 3, 2013
- Hearing heldFeb 20, 2014
- Decision dateApr 15, 2014
Cite For
- Evaluation of Alcohol-related Conduct Under Guideline G
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Consideration of Personal Conduct and Employment History Under Guideline E