Summary
A 39-year-old defense contractor 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 alcohol abuse and criminal conduct, including a conviction for vehicular homicide while intoxicated.
Specific allegations included alcohol-related incidents away from work, such as driving under the influence, fighting, and other criminal incidents linked to alcohol abuse. The applicant's alcohol abuse in 1982-1983 caused three automobile collisions resulting in serious personal injury, property damage, and a fatality. In 1984, she was sentenced to three years' imprisonment for vehicular homicide while intoxicated.
Despite evidence of rehabilitation and a stable lifestyle, the judge found that the applicant's stated intent to continue drinking alcohol, even moderately, posed an unacceptable risk of relapse into abusive behavior. This risk undermined her reliability for security purposes, leading to the denial of her clearance.
Why the applicant was denied
- The applicant was convicted of vehicular homicide and sentenced to imprisonment, which disqualifies her under 10 U.S.C. 986.
- The applicant's history of alcohol abuse raises concerns about her reliability and judgment.
- The applicant's intent to continue consuming alcohol, even moderately, poses a risk of relapse into abusive behavior.
Conditions referenced
- J.1raisedCriminal Conduct - Allegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- J.2raisedCriminal Conduct - A Single Serious Crime or Multiple Lesser Offenses
- J.3raisedCriminal Conduct - Conviction in a Federal or State Court, Including a Court-martial, and Sentenced to Imprisonment for a Term Exceeding One Year
- G.1raisedAlcohol Consumption - Alcohol-related Incidents Away From Work, Such as Driving While Under the Influence
- G.4notedAlcohol Consumption - Evaluation of Alcohol Abuse or Alcohol Dependence by a Licensed Clinical Social Worker Who Is a Staff Member of a Recognized Alcohol Treatment Program
- G.5raisedAlcohol Consumption - Habitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- J.1appliedCriminal Conduct - the Criminal Behavior Was Not Recent
- J.6appliedCriminal Conduct - There Is Clear Evidence of Successful Rehabilitation
- G.2rejectedAlcohol Consumption - the Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- G.3rejectedAlcohol Consumption - Positive Changes in Behavior Supportive of Sobriety
Key rule quoted
“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
Procedural posture
- SOR issuedJun 6, 2002
- Answer filedJul 1, 2002Initially requested a decision without a hearing.
- Hearing heldDec 17, 2002Applicant later retained counsel.
- Decision dateApr 28, 2003
Cite for
- Disqualifying Conditions Under Guideline J for Criminal Conduct
- Disqualifying Conditions Under Guideline G for Alcohol Consumption
- Impact of Past Criminal Behavior on Current Security Clearance Eligibility