Summary
A 48-year-old group field engineer was granted a security clearance despite concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The Statement of Reasons detailed a history of excessive alcohol consumption from 1969 to at least November 2000, including four DUI arrests. These arrests occurred in the 1970s (fined less than $300), 1980 (fined less than $400 and community service), November 1990 (fined $800 and community service), and February 1994 (fined $500, one year unsupervised probation, and 44 hours in jail).
Additionally, the applicant was alleged to have smoked marijuana while holding a DoD secret-level security clearance during active duty in the Navy and to have falsified his January 2000 security clearance application by omitting this marijuana use.
The clearance was granted because the judge found that the applicant had not engaged in any alcohol-related incidents since 1994 and had maintained a light drinking pattern for over eight years without issues. His reputation for honesty and trustworthiness among peers also supported his claims of misunderstanding regarding his past marijuana use. The decision was based on the applicant's demonstrated positive changes in behavior and the absence of recent issues.
Why the Applicant Prevailed
- Applicant has not had any alcohol-related incidents since 1994.
- He has maintained a light drinking pattern for over eight years without issues.
- The applicant's reputation for honesty and trustworthiness among peers supported his claims of misunderstanding regarding his marijuana use.
Conditions Referenced
- DC 1raisedAlcohol-related Incidents Away From Work
- DC 5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- DC 2raisedThe Deliberate Omission, Concealment, Falsification or Misrepresentation of Relevant and Material Facts
- DC 5raisedA Pattern of Dishonesty or Rule Violations
- DC 1raisedAllegations or Admission of Criminal Conduct
- MC 2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Pattern
- MC 3appliedPositive Changes in Behavior Supportive of Sobriety
- MC 1appliedThe Information Was Unsubstantiated or Not Pertinent to a Determination of Judgment, Trustworthiness, or Reliability
Key Rule Quoted
“A decision to grant or continue an Applicant's request for security clearance may be made only upon a threshold finding that to do so is clearly consistent with the national interest.”
Procedural Posture
- SOR issuedJan 17, 2002
- Answer filedMay 22, 2002
- Hearing heldAug 9, 2002scheduled after delays due to applicant's training
- Decision dateSep 23, 2002
Cite For
- Mitigation of Past Alcohol-related Incidents Under Guideline G
- Credibility of Applicant's Claims Regarding Marijuana Use Under Guideline E
- Consideration of Long-term Sobriety in Security Clearance Decisions.