Summary
A 35-year-old Army National Guard member was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant had a history of excessive alcohol consumption, including two DWI convictions in May and August 2013, and a workplace reprimand for appearing under the influence of alcohol. Additionally, the applicant had multiple criminal arrests and convictions in 2012 and 2013, which included the two DWI convictions and four non-moving traffic violations.
The judge found that these issues raised significant security concerns regarding the applicant's judgment and reliability. Although the applicant completed a court-ordered alcohol treatment program, this was not deemed sufficient to mitigate the concerns.
The denial was based on the applicant's multiple recent alcohol-related criminal offenses, the workplace reprimand, and the failure to provide evidence of rehabilitation or current alcohol consumption status. The disqualifying conditions were established, and the mitigating conditions were not sufficient to overcome the security risks identified.
Why the applicant was denied
- The applicant had multiple recent alcohol-related criminal offenses, including two DWI convictions.
- He received a workplace reprimand for appearing under the influence of alcohol.
- The applicant failed to provide evidence of rehabilitation or current alcohol consumption status.
Conditions referenced
- G.22.araisedAlcohol-related Incidents Away From Work
- G.22.braisedAlcohol-related Incidents at Work
- G.22.craisedHabitual or Binge Consumption of Alcohol
- J.31.araisedA Single Serious Crime or Multiple Lesser Offenses
- J.31.craisedAllegation or Admission of Criminal Conduct
- J.31.draisedIndividual Is Currently on Parole or Probation
- G.23.arejectedTime Has Passed or Behavior Was InfrequentThe applicant's alcohol-related incidents are recent.
- G.23.brejectedAcknowledgment of Alcoholism and Evidence of Actions TakenThe applicant provided little evidence of rehabilitation beyond a court-ordered class.
- G.23.crejectedCurrent Participation in Counseling or Treatment ProgramThe applicant did not demonstrate ongoing participation in treatment.
- G.23.drejectedSuccessful Completion of Counseling or RehabilitationThe applicant did not provide evidence of a clear pattern of abstinence or responsible use.
- J.32.arejectedTime Elapsed Since Criminal BehaviorThe applicant's criminal conduct is recent.
- J.32.brejectedPressured or Coerced Into Committing the ActThe applicant admitted to all allegations.
- J.32.drejectedEvidence of Successful RehabilitationThe applicant failed to present evidence of rehabilitation.
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural posture
- SOR issuedMar 7, 2015
- Answer filedApr 3, 2015
- Hearing held—Decided on the written record.
- Decision dateAug 31, 2015
Cite for
- Recent DWI Convictions as Disqualifying Under Guideline G
- Insufficient Evidence of Rehabilitation Under Guidelines G and J
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J