Summary
A 44-year-old electronic worker was denied a security clearance based on Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The denial stemmed from three alcohol-related offenses between 1983 and 1985.
Specifically, the applicant was charged and convicted of driving while intoxicated (DWI) on January 29, 1983, resulting in one year of probation. On April 30, 1983, the applicant was again charged and convicted of DWI following an accident. The most significant offense occurred on September 5, 1985, when the applicant was charged with operating a motor vehicle while intoxicated (OMVWI), a class D felony. This conviction resulted in a 730-day prison sentence, with 718 days suspended, and two years of probation.
Despite the age of the offenses and a lack of recent incidents, the application was denied. The primary reason for denial was the statutory prohibition under 10 U.S.C. 986, which disallows security clearances for individuals with felony convictions resulting in prison sentences exceeding one year, unless a waiver is obtained from the Secretary of Defense.
Why the Applicant Was Denied
- The applicant had three alcohol-related offenses, including a felony conviction resulting in a prison sentence exceeding one year.
- The statutory prohibition under 10 U.S.C. 986 precluded the granting of a security clearance without a waiver from the Secretary of Defense.
Conditions Referenced
- G DC 1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence.
- J DC 2raisedA Single Serious Crime or Multiple Lesser Offenses.
- J DC 3raisedConviction in a Federal or State Court, Including Court-martial, of a Crime and Sentenced to Imprisonment for a Term Exceeding a Year.
- G MC 1rejectedThe Alcohol Incidents Do Not Indicate a Pattern;The applicant had multiple alcohol-related offenses within a two-year period.
- G MC 2rejectedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem;While the offenses were not recent, the pattern of behavior raised concerns.
- J MC 1rejectedThe Criminal Behavior Was Not Recent;The applicant's last offense was in 1985, but the felony conviction was disqualifying.
- J MC 2rejectedThe Crime Was an Isolated Incident;The applicant had multiple offenses, indicating a pattern.
- J MC 6rejectedThere Is Clear Evidence of Successful Rehabilitation.The applicant did not provide sufficient evidence of rehabilitation.
Key Rule Quoted
“The Department of Defense (DoD) and military departments may not grant or renew a security clearance to an employee, officer, or director of any DoD contractor, when the person has been convicted in any Federal or State court of a crime and sentenced to imprisonment for a term exceeding a year.”
Procedural Posture
- SOR issuedJul 10, 2003
- Answer filedAug 4, 2003
- Hearing held—Decided on written record.
- Decision dateFeb 18, 2004
Cite For
- Statutory Prohibition Under 10 U.S.C. 986 Regarding Felony Convictions
- Impact of Multiple Alcohol-related Offenses on Security Clearance Eligibility
- Consideration of Mitigating Factors in the Context of Statutory Disqualifications