Summary
A 47-year-old male applicant was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons detailed a history of alcohol-related criminal conduct, including multiple DUIs. Specifically, the applicant had been arrested five times for alcohol-related offenses and admitted to these, as well as other non-alcohol-related offenses. At the time of the hearing, he was on probation, stemming from a 26-year history of alcohol-related issues that included five criminal incidents and six years of criminal probation.
Disqualifying conditions were raised under both Guideline G and Guideline J, while mitigating conditions were also considered. However, the judge ultimately found that the applicant did not provide sufficient evidence of rehabilitation or a sustained track record of sobriety.
The denial was based on the applicant's extensive history of alcohol-related offenses, including five DUIs, and his failure to establish a sustained period of abstinence from alcohol. His last alcohol-related incident occurred in March 2014, and he remained on probation at the time of the hearing, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant has a long history of alcohol-related offenses, including five DUIs.
- He did not establish a sustained track record of abstinence from alcohol.
- The applicant's last alcohol-related incident occurred in March 2014, and he was still on probation at the time of the hearing.
Conditions Referenced
- G.2.araisedAlcohol-related Incidents Away From Work
- G.2.craisedHabitual or Binge Consumption of Alcohol
- J.1.araisedA Single Serious Crime or Multiple Lesser Offenses
- J.1.craisedAllegation or Admission of Criminal Conduct
- J.1.draisedIndividual Is Currently on Parole or Probation
- G.3.arejectedTime Has Passed or Behavior Was InfrequentThe applicant's alcohol-related incidents have not been infrequent and insufficient time has passed since the last incident.
- G.3.brejectedAcknowledgment of Alcoholism and Actions TakenWhile the applicant acknowledges his alcohol issues, he has not established a sustained track record of abstinence.
- G.3.drejectedSuccessful Completion of Counseling or RehabilitationThe applicant completed a treatment program but did not provide evidence of a favorable prognosis from a qualified professional.
- J.2.arejectedTime Elapsed Since Criminal BehaviorInsufficient time has elapsed since the applicant's last criminal behavior.
- J.2.drejectedEvidence of Successful RehabilitationWhile the applicant demonstrated good employment and community involvement, there is not enough evidence of 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 issuedNov 10, 2015
- Answer filedDec 2, 2015
- Hearing heldMar 1, 2016
- Decision dateMay 10, 2016
Cite For
- Denial of Security Clearance Due to Multiple Alcohol-related Offenses
- Insufficient Evidence of Rehabilitation Under Guideline G
- Impact of Ongoing Probation on Security Clearance Eligibility