Summary
A 51-year-old electrical contracting business owner was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons detailed a history of alcohol-related incidents, including a December 2012 arrest for driving while impaired (DWI), resisting a public officer, and failure to report an accident, which resulted in a DWI conviction in October 2013 and subsequent unsupervised probation.
Further allegations included a November 2009 arrest for driving under the influence (DUI), a 1997 arrest for operating a motor vehicle while intoxicated (OMVWI) to which he pled guilty in 2001, and a 1988 DWI conviction. These incidents raised disqualifying conditions related to alcohol consumption and criminal conduct.
While some mitigating conditions were considered, the judge ultimately determined that the applicant's long history of alcohol-related arrests and convictions, including a recent DWI, indicated that his alcohol problems were not resolved. The applicant's tendency to downplay the seriousness of his past arrests also raised doubts about his rehabilitation, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant had multiple alcohol-related arrests and convictions, including a recent DWI.
- The judge found that the applicant's alcohol-related problems were not behind him, as evidenced by his history of incidents spanning many years.
- The applicant's downplaying of the significance of his past arrests raised questions about his reformation and rehabilitation.
Conditions referenced
- G.22(a)raisedAlcohol-related Incidents Away From Work
- G.22(e)raisedEvaluation of Alcohol Abuse or Alcohol Dependence
- J.31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- J.31(c)raisedAllegation or Admission of Criminal Conduct
- J.31(d)raisedIndividual Is Currently on Parole or Probation
- G.23(b)rejectedAcknowledgment of Alcohol Issues and Evidence of Actions TakenThe judge found that the applicant's alcohol-related problems were not resolved.
- G.23(d)rejectedSuccessful Completion of Counseling or RehabilitationThe judge determined that the applicant's history of alcohol-related incidents raised doubts about his rehabilitation.
- J.32(a)rejectedTime Elapsed Since Criminal Behavior Unlikely to RecurThe judge found that the applicant's recent DWI conviction indicated ongoing issues.
- J.32(d)rejectedEvidence of Successful RehabilitationThe judge concluded that the applicant had not demonstrated successful rehabilitation.
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 issuedSep 11, 2013
- Answer filedOct 1, 2013
- Hearing heldMar 11, 2014
- Decision date—
Cite for
- Security Concerns Related to Multiple Alcohol-related Offenses Under Guideline G
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Consideration of the Whole-person Concept in Security Clearance Decisions