Summary
A 50-year-old project manager and defense contractor sought to retain his top secret security clearance, which was challenged under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons detailed several alcohol-related incidents spanning from 1982 to 2014. These included consuming alcohol to the point of intoxication, non-judicial punishment in 1985 for being drunk on duty in the Air Force, and a 1986 DUI conviction resulting in probation.
Further allegations included a 2005 DUI charge that resulted in a reckless driving conviction, probation, community service, DUI school, and a fine. In 2011, he was arrested for DUI and leaving a crash scene, again resulting in a reckless driving conviction with similar penalties. These issues raised disqualifying conditions under AG ¶ 22(a).
However, the applicant presented substantial mitigating evidence, applying AG ¶ 23(a) and AG ¶ 23(b). He provided credible evidence of rehabilitation, acknowledged his past alcohol-related issues, and demonstrated a commitment to lifestyle changes and responsible alcohol use. His work performance and character references affirmed his reliability and value as an employee. The judge found that the applicant had successfully mitigated the security concerns, and his security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant presented credible evidence of rehabilitation and responsible alcohol use.
- He acknowledged past alcohol-related issues and demonstrated a commitment to lifestyle changes.
- The applicant's work performance and character references indicated he is a reliable and valued employee.
Conditions Referenced
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence.
- AG ¶ 23(a)appliedSo Much Time Has Passed, or the Behavior Was so Infrequent, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Good Judgment.
- AG ¶ 23(b)appliedThe Individual Acknowledges His or Her Alcoholism or Issues of Alcohol Abuse, Provides Evidence of Actions Taken to Overcome This Problem, and Has Established a Pattern of Abstinence (if Alcohol Dependent) or Responsible Use (if an Alcohol Abuser).
Key Rule Quoted
“Eligibility for access to classified information is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedJul 22, 2014
- Answer filedSep 4, 2014
- Hearing heldFeb 13, 2015
- Decision dateJun 9, 2015
Cite For
- Mitigation of Alcohol-related Incidents Under Guideline G
- Whole-person Assessment in Security Clearance Determinations
- Evidence of Rehabilitation and Responsible Behavior as a Basis for Granting Clearance.