Summary
A U.S. citizen with a Ph.D. was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons cited two incidents of Extreme Driving Under the Influence (DUI) in 2013. The first occurred in January, resulting in a guilty judgment with a Blood Alcohol Content (BAC) between .15 and .20. The second occurred in December, where the applicant pled guilty to a similar charge, also with a BAC between .15 and .20.
The applicant attributed these incidents to stress following his mother's kidnapping. The judge applied mitigating conditions, noting that the applicant successfully completed an alcohol treatment program in June 2014. Furthermore, the conduct occurred over two years prior to the decision and under unusual circumstances, which mitigated concerns about recurrence.
Strong support from witnesses also attested to the applicant's changed behavior and reliability. Ultimately, the judge found that the applicant had demonstrated significant rehabilitation, leading to the granting of his security clearance.
Why the Applicant Prevailed
- The applicant successfully completed an alcohol treatment program in June 2014.
- The applicant's conduct occurred over two years prior and under unusual circumstances, mitigating concerns about recurrence.
- The applicant received strong support from witnesses attesting to his changed behavior and reliability.
Conditions Referenced
- G.22.araisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence
- E.15raisedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- G.23.aappliedSo Much Time Has Passed, or the Behavior 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
- E.17.cappliedSo Much Time Has Passed That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
Key Rule Quoted
“The ultimate determination of whether to grant eligibility for a security clearance must be an overall common sense judgment based upon careful consideration of the guidelines and the whole-person concept.”
Procedural Posture
- SOR issuedOct 21, 2015
- Answer filedNov 14, 2015
- Hearing heldJan 29, 2016
- Decision dateMay 24, 2016
Cite For
- Mitigation of Alcohol-related Incidents Under Guideline G Due to Unusual Circumstances
- Whole-person Assessment in Security Clearance Determinations
- Successful Rehabilitation and Support From Witnesses as Factors in Granting Security Clearance