Summary
The applicant, a 52-year-old electrical foreman, faced security clearance denial due to a history of alcohol abuse and financial irresponsibility. Despite completing an outpatient alcohol treatment program after a DUI arrest in April 2001, he failed to comply with aftercare recommendations and continued to exhibit questionable financial judgment, including two bankruptcies. The judge found that the applicant's conduct raised significant security concerns under Guideline F and Guideline G, leading to the denial of his clearance.
Under Guideline F (Financial Considerations) and Guideline G (Alcohol Consumption), the Statement of Reasons alleged the following: Applicant defaulted on his mortgage obligation after he was granted a Chapter 7 discharge in bankruptcy of $40,748.58 in unsecured debt in May 1998 (2.a). A Chapter 13 bankruptcy filing of May 1999 was dismissed due to his default and he was forced to sell his home (2.b). The applicant has a history of alcohol-related incidents, including two DUI offenses (1.a). The applicant failed to moderate his alcohol consumption after his first DUI offense in November 1997 (1.b). The applicant was diagnosed with alcohol dependence and completed an intensive outpatient program in May 2001 (1.c). The applicant did not comply with recommended aftercare following his treatment for alcohol dependence (1.d). The applicant continues to experience urges to drink and places himself in situations conducive to alcohol consumption (1.e).
The judge denied the clearance. The government raised disqualifying conditions E2.A7.1.2.1, E2.A7.1.2.5, E2.A6.1.2.1, E2.A6.1.2.3. The judge applied mitigating conditions E2.A7.1.3.3, E2.A6.1.3.3. The decision turned on the following: Applicant failed to demonstrate sustained sobriety and compliance with aftercare recommendations following alcohol treatment; Applicant's financial history included two bankruptcies and ongoing questionable financial judgment despite current employment.
Why the Applicant Was Denied
- Applicant failed to demonstrate sustained sobriety and compliance with aftercare recommendations following alcohol treatment.
- Applicant's financial history included two bankruptcies and ongoing questionable financial judgment despite current employment.
Conditions Referenced
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
- E2.A7.1.2.5raisedHabitual or Binge Consumption to the Point of Impaired Judgment
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A7.1.3.3rejectedPositive Changes in Behavior Supportive of SobrietyAlthough the applicant completed an outpatient program, he did not attend recommended aftercare.
- E2.A6.1.3.3rejectedConditions That Resulted in the Behavior Were Largely Beyond the Person's ControlThe applicant's financial issues were linked to his own poor judgment and decisions.
Key Rule Quoted
“The clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedundated
- Answer filedOct 11, 2002
- Hearing heldFeb 6, 2003
- Decision dateApr 11, 2003
Cite For
- Denial of Clearance Due to Unresolved Alcohol Abuse Issues
- Financial Irresponsibility as a Disqualifying Factor
- Failure to Comply with Aftercare Recommendations Post-treatment