Summary
A 48-year-old marine electrician was denied a security clearance due to concerns under Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant had a long history of alcohol abuse, including multiple DUI offenses and a 1975 reckless homicide conviction. Allegations included excessive alcohol consumption, driving under the influence, and alcohol-related incidents, alongside habitual consumption leading to impaired judgment.
Additionally, the applicant's drug involvement included experimentation with speed in the 1970s, occasional marijuana use from 1974 to 1998, and illegal possession of drug paraphernalia in July 1998. While the applicant demonstrated positive changes, including sobriety since July 1998, successful rehabilitation, participation in Alcoholics Anonymous, and a favorable prognosis from a professional, these mitigating factors were insufficient.
The denial was primarily based on the applicant's 1975 reckless homicide conviction, which statutorily disqualified him from obtaining a security clearance under 10 U.S.C. §986. The judge concluded that the applicant's extensive history of alcohol abuse and criminal conduct raised significant concerns about his judgment and reliability.
Why the Applicant Was Denied
- The applicant's 1975 reckless homicide conviction disqualified him from obtaining a security clearance under 10 U.S.C. §986.
- The applicant had a long history of alcohol abuse, including multiple DUI offenses and a pattern of criminal conduct related to alcohol.
- The judge found that the applicant's past conduct raised significant concerns about his judgment and reliability.
Conditions Referenced
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
- E2.A7.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A7.1.2.3raisedConviction in a Federal or State Court
- E2.A7.1.3.3appliedPositive Changes in Behavior Supportive of Sobriety
- E2.A7.1.3.4appliedSuccessful Completion of Rehabilitation and Favorable Prognosis
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 issuedOct 23, 2002
- Answer filedNov 8, 2002
- Hearing heldMar 18, 2003rescheduled from February 28, 2003 at the Government's request
- Decision dateJun 2, 2003
Cite For
- Disqualification Due to Serious Criminal Conduct Under Guideline J
- Impact of Alcohol-related Incidents on Security Clearance Under Guideline G
- Mitigating Factors for Alcohol Abuse Considered in Security Clearance Cases