Summary
A 32-year-old aircraft field engineer was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). These concerns stemmed from three misdemeanor convictions over an eight-year period, which included incidents during his high school years and Navy enlistment.
Specifically, the applicant was charged and convicted of a DWI in June 1995 in State B, resulting in a $1,500 fine, five years of probation, 30 days of public service, and a Navy-mandated alcohol education course. He was also arrested and convicted in November 1996 in State B, receiving a one-day prison sentence, three years of probation, and a $25 restitution order. Additionally, he admitted to consuming alcohol to excess from 1989 to at least November 2001, with an alcohol-related incident occurring in June 1995.
The judge found that the applicant demonstrated significant personal and professional growth, attributing his past conduct to poor judgment and a desire to protect his brother. Crucially, he has maintained sobriety since December 2001 and benefits from a strong support system. These factors led to the decision to grant his security clearance.
Why the applicant prevailed
- The applicant demonstrated significant rehabilitation and personal growth since his last conviction.
- He has maintained sobriety since December 2001, showing commitment to overcoming past alcohol issues.
- The applicant's professional success and strong support from family and colleagues contributed to a favorable assessment.
Conditions referenced
- DC 1raisedAllegations or Admission of Criminal Conduct
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
- DC 1raisedAlcohol-related Incidents Away From Work
- MC 1appliedThe Criminal Behavior Was Not Recent
- MC 6appliedThere Is Clear Evidence of Rehabilitation
- MC 1appliedThe Alcohol-related Incidents Do Not Indicate a Pattern
- MC 2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- MC 3appliedPositive Changes in Behavior Supportive of Sobriety
Key rule quoted
“A history or pattern of criminal activity creates doubt about a person's judgement, reliability and trustworthiness.”
Procedural posture
- SOR issuedApr 1, 2003
- Answer filedApr 19, 2003
- Hearing heldAug 27, 2028
- Decision dateSep 30, 2003
Cite for
- Mitigation of Criminal Conduct Under Guideline J Due to Evidence of Rehabilitation
- Mitigation of Alcohol-related Incidents Under Guideline G Due to Sustained Sobriety
- Consideration of Personal and Professional Growth in Security Clearance Decisions