Summary
This case concerns a 40-year-old senior program analyst and former U.S. Navy officer whose security clearance was initially questioned under Guideline G (Alcohol Consumption) due to a history of alcohol-related incidents. The Statement of Reasons cited three DUI arrests, with the most recent occurring in March 1997, and a July 1998 diagnosis of alcohol dependence by a medical professional.
However, the applicant had successfully completed a court-ordered alcohol safety awareness program. Furthermore, in the five years preceding the decision, he had no further incidents of alcohol abuse and demonstrated significant positive changes in behavior and lifestyle. These changes included getting married, purchasing a home, completing two graduate degrees, and becoming an active community leader.
The judge ultimately granted the security clearance. This decision was based on the applicant's successful completion of the alcohol safety awareness program, the absence of any alcohol-related incidents in the past six years, and responsible drinking behavior. Crucially, two credentialed medical professionals provided opinions that the applicant was not alcohol dependent and exhibited no signs of alcohol-related problems.
Why the applicant prevailed
- The applicant successfully completed a court-ordered alcohol safety awareness program after his last DUI arrest.
- He has had no alcohol-related incidents in the past six years and has demonstrated responsible drinking behavior.
- Two credentialed medical professionals provided opinions that the applicant was not alcohol dependent and exhibited no signs of alcohol-related problems.
Conditions referenced
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work, Such as Driving Under the Influence
- E2.A7.1.2.3raisedDiagnosis by a Credentialed Medical Professional of Alcohol Abuse or Alcohol Dependence
- E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- E2.A7.1.3.1appliedThe Alcohol-related Incidents Do Not Indicate a Pattern
- E2.A7.1.3.2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- E2.A7.1.3.3appliedPositive Changes in Behavior Supportive of Sobriety
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedDec 9, 2002
- Answer filedDec 18, 2002
- Hearing heldJun 18, 2003Hearing conducted with no witnesses.
- Decision dateOct 28, 2003
Cite for
- Mitigating Conditions for Alcohol-related Incidents Under Guideline G
- Evaluation of Medical Opinions Regarding Alcohol Dependence
- Demonstration of Positive Behavioral Changes Leading to Favorable Clearance Outcomes