Summary
A 49-year-old defense contractor and 23-year Air Force retiree was granted a security clearance despite initial concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons cited two DUI arrests in 2001, though the applicant was found not guilty of both charges after trials. He reported these incidents to his supervisors and security officers. Additionally, the applicant omitted information on his 1998 SF 86 regarding counseling received in 1986 and 1996.
Following the 2001 arrests, the applicant voluntarily entered a six-month counseling program, abstaining entirely from alcohol during that period. Since completing the program, he has maintained a moderate drinking habit, consuming no more than two beers twice a week. No further alcohol-related incidents have occurred since 2001.
The judge determined that the applicant demonstrated rehabilitation through his counseling and sustained moderate alcohol consumption. The passage of time, coupled with his credible testimony and positive work performance, mitigated the initial concerns, leading to the granting of his security clearance.
Why the Applicant Prevailed
- Applicant demonstrated rehabilitation through completion of a six-month counseling program.
- He has maintained a moderate drinking habit and has not had any alcohol-related incidents since 2001.
- The applicant's credible testimony and positive work performance supported his case for clearance.
Conditions Referenced
- E2.A7.1.2.1raisedAlcohol Consumption Disqualifying ConditionThe record of Applicant's two arrests and his diagnosis clearly shows that the Government has established reasons to deny him a security clearance because of alcohol abuse under Guideline G.
- E2.A5.1.1raisedPersonal Conduct Disqualifying ConditionThe deliberate omission, concealment, or falsification of relevant and material facts from a personnel security application could raise a security concern.
- E2.A7.1.3.2appliedMitigating Condition for Alcohol ConsumptionApplicant has shown that the problems with abuse of alcohol ended three years ago and that there is no indication of a recent problem.
- E2.A7.1.3.3appliedMitigating Condition for Alcohol ConsumptionEvidence was submitted of positive changes in behavior supportive of sobriety.
- E2.A5.1.3appliedMitigating Condition for Personal ConductApplicant reasonably believed he was not required to report certain counseling as it was not a mental health matter.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance." Department of the Navy v. Egan, 484 U.S. 518, 528 (1988).”
Procedural Posture
- SOR issuedSep 4, 2003
- Answer filedNov 3, 2003
- Hearing heldJun 2, 2004
- Decision dateAug 16, 2004
Cite For
- Mitigating Conditions for Past Alcohol-related Incidents Under Guideline G
- Consideration of the Whole Person Concept in Security Clearance Determinations
- The Importance of Demonstrating Rehabilitation and Positive Behavioral Changes in Security Clearance Cases.