Summary
A 38-year-old U.S. citizen and software engineer was granted a security clearance despite concerns under Guidelines B (Foreign Influence), E (Personal Conduct), and J (Criminal Conduct). These concerns stemmed from two alcohol-related incidents in 2000 and 2001, and the fact that his sister resides in Costa Rica.
The first incident in January 2000 involved charges of DUI, speeding, and spinning tires; the applicant pleaded no contest to reckless driving, paid a fine, and completed alcohol and victim awareness programs. The second incident resulted in a DUI charge, for which he was found guilty by a jury and sentenced to thirty days of house arrest and 12 months of probation.
The judge determined that the applicant had successfully mitigated the risks. He demonstrated rehabilitation from his past alcohol-related conduct through treatment and positive lifestyle changes. His relationship with his sister was deemed manageable due to Costa Rica's stable political climate and respect for human rights. Additionally, his strong job performance and colleague support indicated he was no longer at risk for judgment lapses, leading to the clearance being GRANTED.
Why the Applicant Prevailed
- The applicant demonstrated successful rehabilitation from past alcohol-related incidents through completion of treatment programs and positive lifestyle changes.
- The applicant's relationship with his sister in Costa Rica was deemed manageable due to the country's stable political climate and respect for human rights.
- The applicant's strong job performance and support from colleagues contributed to the conclusion that he is no longer at risk for judgment lapses.
Conditions Referenced
- DC 1raisedAllegations or Admission of Criminal Conduct.
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses.
- DC 1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.
- DC 6raisedConduct That May Make the Individual Vulnerable to Coercion, Exploitation, or Pressure by a Foreign Government.
- MC 6appliedThere Is Clear Evidence of Rehabilitation.
- MC 1appliedA Determination That the Immediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power in a Way That Could Force the Individual to Choose Between Loyalty to the Persons Involved and the United States.
Key Rule Quoted
“A decision to grant or continue an Applicant's request for security clearance may be made only upon a threshold finding that to do so is clearly consistent with the national interest.”
Procedural Posture
- SOR issuedFeb 5, 2003
- Answer filedMar 4, 2003
- Hearing heldApr 23, 2003
- Decision dateJun 18, 2003
Cite For
- Successful Rehabilitation From Alcohol-related Incidents Under Guideline J
- Mitigation of Foreign Influence Risks Under Guideline B
- Consideration of Personal Conduct and Job Performance in Security Clearance Decisions Under Guideline E