Summary
A 51-year-old federal contractor and former Navy service member was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a history of drug and alcohol-related incidents, including two DUI convictions and a positive marijuana test.
Specifically, the applicant was convicted of DUI in October 2002 and again in March 2012, following a June 2011 charge. Additionally, on or about November 4, 2011, while holding a security clearance, the applicant tested positive for marijuana. The Statement of Reasons also included an allegation regarding an arrest, charge, conviction, and sentencing for a concealed-weapon offense.
The judge found the applicant's explanations for the positive marijuana test and DUI incidents unpersuasive, raising doubts about his reliability and trustworthiness. The applicant's admitted substance abuse history, including an interlock violation, indicated a pattern of behavior that could recur, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to multiple instances of drug and alcohol-related offenses, including two DUI convictions and a positive marijuana test.
- The judge found the applicant's explanation of innocent ingestion implausible and unconvincing, raising doubts about his reliability and judgment.
- The applicant's substance abuse history, including an interlock violation, indicated a pattern of behavior that could recur.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(b)raisedPositive Drug Test
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedIllegal Drug Use After Clearance
- AG ¶ 22(a)raisedAlcohol-related Incidents
- AG ¶ 22(c)raisedHabitual or Binge Alcohol Consumption
- AG ¶ 31(a)raisedSerious Crime or Multiple Offenses
- AG ¶ 31(c)raisedAdmission of Criminal Conduct
- AG ¶ 16(c)raisedCredible Adverse Information
- AG ¶ 16(d)raisedCredible Adverse Information Not Covered
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability
- AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's recent substance abuse history and implausible explanations did not support this condition.
- AG ¶ 23(a)rejectedTime Passed or Unusual CircumstancesThe applicant's recent DUI and substance abuse incidents did not demonstrate a pattern of responsible use.
- AG ¶ 23(b)rejectedAcknowledgment and Evidence of Actions TakenWhile the applicant acknowledged issues, he did not demonstrate a clear pattern of responsible alcohol use.
- AG ¶ 23(d)rejectedSuccessful Completion of CounselingThe applicant completed court-ordered counseling but did not establish a clear pattern of modified consumption.
- AG ¶ 17(c)rejectedMinor Offense or Time PassedThe applicant's offenses were serious and recent, undermining this mitigating condition.
- AG ¶ 17(d)rejectedAcknowledgment and CounselingThe applicant's acknowledgment of issues was insufficient to demonstrate a change in behavior.
- AG ¶ 17(e)rejectedPositive Steps to Reduce VulnerabilityThe applicant did not take sufficient steps to mitigate vulnerabilities related to his conduct.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedOct 1, 2013
- Answer filedOct 25, 2013
- Hearing heldFeb 19, 2014
- Decision dateMar 28, 2014
Cite For
- Evaluation of Substance Abuse History Under Guidelines H and G
- Credibility of Applicant's Explanations for Drug and Alcohol-related Incidents
- Consideration of Multiple Disqualifying Conditions in a Whole-person Assessment