Summary
A pro se applicant was denied a security clearance under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct) due to a history of alcohol-related offenses and criminal conduct. The Statement of Reasons alleged a pattern of alcohol-related incidents away from work, habitual or binge consumption leading to impaired judgment, and a failure to demonstrate successful rehabilitation.
Disqualifying conditions under both guidelines were raised, including those related to criminal conduct and alcohol consumption. While several mitigating conditions were applied, they were ultimately insufficient to overcome the security concerns.
The denial was based on multiple alcohol-related convictions, including a DUI that resulted in a two-year prison sentence, though 120 days were served. The applicant continued to consume alcohol while on probation and during treatment, indicating a lack of rehabilitation. Crucially, the Smith Amendment prohibited granting a security clearance because the applicant's sentence exceeded one year, regardless of the actual time served.
Why the applicant was denied
- The applicant was convicted of multiple alcohol-related offenses, including a DUI that resulted in a two-year prison sentence, which was suspended after 120 days.
- The applicant continued to consume alcohol while on probation and during treatment, demonstrating a lack of rehabilitation.
- The Smith Amendment prohibits granting a security clearance due to the applicant's sentence exceeding one year.
Conditions referenced
- J DC 2appliedA Single Serious Crime or Multiple Lesser Offenses
- J DC 3appliedConviction in a Federal or State Court, Including Court-martial or a Crime and Sentenced to Imprisonment for a Term Exceeding One Year
- G DC 1appliedAlcohol-related Incidents Away From Work
- G DC 5appliedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- J MC 1rejectedThe Criminal Behavior Was Not RecentThe applicant's most recent criminal behavior occurred in 2000.
- J MC 2rejectedThe Criminal Behavior Was an Isolated IncidentThe applicant's offenses occurred within a ten-year period, indicating a pattern.
- J MC 6rejectedThere Is Clear Evidence of Successful RehabilitationThe applicant's completion of probation was insufficient to demonstrate successful rehabilitation.
- G MC 1rejectedThe Alcohol-related Incidents Do Not Indicate a PatternThe applicant had multiple alcohol-related incidents over a ten-year period.
- G MC 2rejectedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent ProblemThe applicant continued to consume alcohol during treatment.
- G MC 3rejectedPositive Changes Supportive of SobrietyInsufficient evidence of the applicant's abstinence and participation in AA.
Key rule quoted
“The granting (or continuance) of a security clearance under this Directive may only be done upon a finding that to do so is clearly consistent with the national interest.”
Procedural posture
- SOR issuedJan 16, 2003
- Answer filedUndatedReceived in a timely fashion.
- Hearing heldN/ACase decided on a written record.
- Decision dateSep 5, 2003
Cite for
- Application of the Smith Amendment Regarding Criminal Convictions
- Pattern of Alcohol-related Offenses Impacting Security Clearance Eligibility
- Insufficient Evidence of Rehabilitation in Alcohol-related Cases