Summary
A 56-year-old systems engineer and former Navy officer was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). These concerns stemmed from a 2006 arrest for Drunk in Public and a 2012 arrest for DWI, during which he fought with police while intoxicated, leading to a felony charge of assault on a law enforcement officer. He subsequently pled guilty to Drunk in Public in 2006 and, under a plea agreement, to DWI and felony assault in 2012.
The applicant demonstrated significant rehabilitation and commitment to sobriety. He has maintained sobriety since June 2012 and actively participates in Alcoholics Anonymous. He successfully completed all court-mandated requirements and counseling, receiving positive evaluations from his therapist and probation officer.
The applicant expressed significant remorse, describing his 2012 arrest as a life-changing event. The decision to grant the clearance was based on these mitigating factors, which showed a sustained pattern of reform and a commitment to addressing the underlying issues.
Why the Applicant Prevailed
- The applicant has maintained sobriety since June 2012 and actively participates in Alcoholics Anonymous.
- He demonstrated significant remorse and commitment to change following his 2012 arrest, which he described as a life-changing event.
- The applicant successfully completed all court-mandated requirements and counseling, receiving positive evaluations from his therapist and probation officer.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 23(a)appliedTime Has Passed or Behavior Was Infrequent
- AG ¶ 23(b)appliedAcknowledgment of Alcohol Issues and Pattern of Abstinence
- AG ¶ 23(d)appliedSuccessful Completion of Counseling and Demonstrated Pattern of Abstinence
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
Key Rule Quoted
“A security clearance decision is intended only to resolve the question of whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedMar 17, 2014
- Answer filedundated
- Hearing heldJun 4, 2014Transcript received on June 13, 2014
- Decision dateJun 20, 2014
Cite For
- Mitigation of Alcohol-related Incidents Under Guideline G
- Successful Rehabilitation and Lifestyle Changes After Criminal Conduct
- Impact of Personal Accountability and Remorse on Security Clearance Decisions