Summary
A 23-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The denial stemmed from a history of alcohol-related incidents and criminal conduct, including multiple arrests for DWI and assault between 1997 and 2000.
Specifically, the applicant was arrested six times during this period. These incidents included charges for underage possession of alcohol in April 1997, a DWI arrest in July 1997 with a .14 BAC, and another DWI arrest in March 1998, resulting in a guilty plea to DUI, a suspended 60-day jail sentence, a $500 fine, two years probation, and an eight-month license suspension. He was also charged with public intoxication in June 1998, though this charge was nolle prosequi. In 1998, he was diagnosed as an alcohol abuser. Further criminal conduct included an arrest for second-degree assault, leading to a guilty finding for assault in one instance and disorderly conduct in another. He was also charged with possession of marijuana and paraphernalia as a passenger in a vehicle, but found not guilty.
The denial was based on the applicant's six arrests for alcohol-related offenses and assault, his diagnosis as an alcohol abuser with continued alcohol consumption, and the determination that insufficient time had passed since his last arrest to mitigate concerns about future incidents, despite his recent efforts toward reform.
Why the Applicant Was Denied
- The Applicant had six arrests between 1997 and 2000 for alcohol-related offenses and assault.
- He was diagnosed as an alcohol abuser and continued to consume alcohol, with his last intoxication occurring shortly before the hearing.
- Insufficient time had passed since his last arrest to assure that further incidents would not occur.
Conditions Referenced
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence, Fighting, Child or Spouse Abuse, or Other Criminal Incidents Related to Alcohol Use.
- E2.A7.1.2.3raisedDiagnosis by a Credentialed Medical Professional (e.g., Physician, Clinical Psychologist, or Psychiatrist) of Alcohol Abuse or Alcohol Dependence.
- E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment.
- DC araisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- DC braisedA Single Serious Crime or Multiple Lesser Offenses.
Key Rule Quoted
“"the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedMar 15, 2002
- Answer filedApr 8, 2002undated letter received by DOHA
- Hearing heldAug 28, 2002
- Decision dateDec 6, 2002
Cite For
- Denial Based on a Pattern of Alcohol-related Incidents Under Guideline G
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Insufficient Evidence of Rehabilitation Despite Positive Lifestyle Changes Under Guideline E