Summary
A 52-year-old male applicant was granted a security clearance despite a history of alcohol consumption and criminal conduct, primarily involving multiple alcohol-related incidents. The Statement of Reasons detailed eight separate incidents between November 1980 and October 2010. These included multiple arrests for driving under the influence (DUI), with charges sometimes reduced or resulting in fines, bond forfeitures, or license revocation. Other incidents included being drunk on the roadway, possession of marijuana (later dropped), and being drunk in public. The October 2010 DUI arrest specifically triggered the security clearance revocation process.
Concerns were raised under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct), citing several disqualifying conditions related to alcohol-related incidents and criminal behavior. However, the applicant successfully mitigated these concerns by demonstrating significant rehabilitation.
The decision to grant clearance was based on the applicant's completion of a rehabilitation program and nearly five years of sustained sobriety. The judge also noted the applicant's exemplary job performance, positive recommendations from supervisors and clients, and active community involvement. The absence of any criminal conduct for nearly five years indicated a low likelihood of recurrence, leading to the application of mitigating conditions and the ultimate decision to grant the security clearance.
Why the Applicant Prevailed
- Successfully completed a rehabilitation program and remained sober for nearly five years.
- Demonstrated exemplary job performance and received positive recommendations from supervisors and clients.
- No criminal conduct in nearly five years, indicating a low likelihood of recurrence.
Conditions Referenced
- AG ¶ 21raisedAlcohol Consumption
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 21(a)raisedAlcohol Consumption
- AG ¶ 21(c)raisedAlcohol Consumption
- AG ¶ 21(d)raisedAlcohol Consumption
- AG ¶ 21(f)raisedAlcohol Consumption
- AG ¶ 32(a)appliedCriminal Conduct
- AG ¶ 32(d)appliedCriminal Conduct
- AG ¶ 23(a)appliedAlcohol Consumption
- AG ¶ 23(b)appliedAlcohol Consumption
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 10, 2014
- Answer filednullApplicant submitted an undated response.
- Hearing heldnullDecision made on the record.
- Decision datenullDecision issued by Administrative Judge.
Cite For
- Successful Rehabilitation Under Guideline G
- Mitigation of Criminal Conduct Under Guideline J
- Importance of Time Elapsed Since Last Incident in Security Clearance Decisions