Summary
A 48-year-old federal contractor was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The denial stemmed from three alcohol-related incidents over a 22-year period, including two charges of driving while intoxicated (DUI) in 1998 and a 2013 arrest for assault and resisting arrest. The 2013 incident occurred while the applicant was on business travel, involved binge drinking, and resulted in a blackout.
Disqualifying conditions cited included alcohol-related incidents and criminal conduct. While mitigating conditions related to a pattern of abstinence or control and the passage of time were considered, they were not sufficient to overcome the concerns.
The judge determined that the applicant failed to demonstrate sufficient rehabilitation or a consistent pattern of responsible alcohol use. Inconsistent participation in counseling and conflicting statements about its purpose undermined claims of rehabilitation. Despite the applicant's acknowledgment of past mistakes, these factors did not adequately mitigate the ongoing concerns regarding his alcohol consumption and criminal conduct, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had three alcohol-related incidents over a 22-year period, raising concerns about his reliability and trustworthiness.
- The applicant's participation in counseling was inconsistent, with conflicting statements about its purpose, undermining claims of rehabilitation.
- The applicant's acknowledgment of past mistakes did not sufficiently mitigate the ongoing concerns regarding his alcohol consumption and criminal conduct.
Conditions Referenced
- G.22(a)appliedAlcohol-related Incidents Away From Work
- G.22(c)appliedHabitual or Binge Consumption of Alcohol
- J.31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- J.31(c)appliedAllegation or Admission of Criminal Conduct
- G.23(b)appliedAcknowledgment of Alcohol Issues and Actions Taken to Overcome Them
- J.32(d)appliedEvidence of Successful Rehabilitation
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedJul 10, 2015
- Answer filedOct 1, 2015Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateFeb 29, 2016
Cite For
- Denial of Security Clearance Due to Recurring Alcohol-related Incidents
- Inconsistencies in Applicant's Statements Regarding Alcohol Treatment
- Impact of Criminal Conduct on Security Clearance Eligibility