Summary
A 29-year-old mechanical engineer was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The denial stemmed from a history of excessive alcohol use, evidenced by three drunk driving incidents between 1991 and 1995. These incidents led to allegations of habitual or binge consumption, impaired judgment, and a failure to control impulses related to alcohol. The applicant also underwent treatment for alcohol abuse in 1993 and 1996.
The criminal conduct allegations centered on these operating under the influence convictions, specifically a third offense in December 1995. For this, the applicant was sentenced in June 1996 to two years confinement, with nine months to be served in a halfway house and the remainder suspended. This conviction was cited as a disqualifying factor under Title 10, Section 986 of the United States Code.
Ultimately, the judge found that the applicant's past behavior raised significant security concerns. Despite the application of one mitigating condition, the applicant failed to demonstrate sufficient rehabilitation or control over his alcohol use, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant had a history of excessive alcohol consumption, including three drunk driving incidents.
- The applicant's criminal conduct included a conviction for operating under the influence of liquor (third offense).
- The applicant did not provide sufficient evidence of rehabilitation or control over his alcohol consumption.
Conditions Referenced
- E2.A7.1.2.1raisedAlcohol Related Incidents Away From Work
- E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- E2.A7.1.3.4rejectedSuccessful Completion of Inpatient or Outpatient RehabilitationThe qualifications of the staff member who assessed the applicant's alcohol dependence were not clearly established.
- E2.A7.1.3.3rejectedPositive Changes in Behavior Supportive of SobrietyThe applicant's drinking habits did not show sufficient moderation or control.
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedAug 3, 2001
- Answer filedAug 31, 2001Applicant acted pro se.
- Hearing heldOct 12, 2001Hearing was held as scheduled.
- Decision dateDec 31, 2001
Cite For
- Excessive Alcohol Consumption as a Disqualifying Condition Under Guideline G
- Criminal Conduct as a Disqualifying Condition Under Guideline J
- Insufficient Evidence of Rehabilitation to Mitigate Security Concerns.