Summary
The applicant, a 36-year-old defense contractor, faced security concerns under Guidelines G (Alcohol Consumption) and J (Criminal Conduct) due to multiple arrests related to alcohol and a theft charge. The judge found that the applicant had demonstrated significant rehabilitation, including a good work record and community involvement, leading to a decision to grant security clearance.
Under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant has four alcohol-related arrests away from work. Three arrests involve public intoxication and disturbing the peace. The fourth arrest occurred in 1999 when Applicant was charged with being a minor in possession of alcohol and receiving stolen property (2.a). Applicant admitted he consumed large amounts of alcohol to the point of impairment in the incidents cited in the SOR. After doing so, he got into trouble with the police in one or more towns. The habitual or binge consumption of alcohol impaired his judgement. Applicant does not have a diagnosis as an alcohol abuser or being alcohol dependent (2.b). Applicant was arrested in July 1999 when he was 19 years old and charged with theft and receiving stolen property. He was also charged with possession of alcohol by a minor (1.a). Applicant was arrested in August 2009 on charges of criminal mischief, damages or defacing property of another without consent, and public intoxication (1.b). In June 2011 Applicant was arrested and charged with public intoxication (1.c). Applicant was arrested March 2012 on a charge of public intoxication (1.d). Applicant was arrested in March 2011 on charges of public intoxication. Applicant denied this allegation because he testified it was incorrect and a duplicate of the allegation in Subparagraph 1.d (1.e).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 31(a), AG ¶ 22(a), AG ¶ 22(c). The judge applied mitigating conditions AG ¶ 32(a), AG ¶ 32(d), AG ¶ 23(a), AG ¶ 23(b), AG ¶ 23(c). The decision turned on the following: The applicant's last alcohol-related incident occurred three years prior, and he has since moderated his alcohol consumption; He has participated in an alcohol support group since July 2014, demonstrating a commitment to responsible behavior; The applicant's criminal offenses occurred many years ago, and he has shown evidence of rehabilitation and good judgment since then.
Why the Applicant Prevailed
- The applicant's last alcohol-related incident occurred three years prior, and he has since moderated his alcohol consumption.
- He has participated in an alcohol support group since July 2014, demonstrating a commitment to responsible behavior.
- The applicant's criminal offenses occurred many years ago, and he has shown evidence of rehabilitation and good judgment since then.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 22(a)raisedAlcohol Consumption
- AG ¶ 22(c)raisedAlcohol Consumption
- AG ¶ 32(a)appliedCriminal Conduct
- AG ¶ 32(d)appliedCriminal Conduct
- AG ¶ 23(a)appliedAlcohol Consumption
- AG ¶ 23(b)appliedAlcohol Consumption
- AG ¶ 23(c)appliedAlcohol Consumption
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 9, 2014
- Answer filedJun 18, 2014
- Hearing heldFeb 27, 2015originally scheduled for February 11, 2015, but cancelled due to equipment issues.
- Decision dateApr 16, 2015
Cite For
- Mitigating Factors for Past Criminal Conduct Under Guideline J
- Evidence of Rehabilitation in Alcohol-related Cases Under Guideline G
- Whole-person Concept in Security Clearance Evaluations