Summary
A 35-year-old defense contractor was granted a security clearance despite concerns under Guidelines A (Allegiance), D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The Statement of Reasons cited two incorrect answers on his Security Clearance Application, specifically the omission of a felony arrest for burglary of a motor vehicle and two instances of cocaine use. Disqualifying conditions were raised under Personal Conduct, Criminal Conduct, and Sexual Behavior.
The applicant had a history of six arrests, including four alcohol-related incidents, and drug use between 1986 and 1999. However, the judge found sufficient evidence of rehabilitation and positive lifestyle changes. Mitigating conditions were applied under Personal Conduct, Criminal Conduct, and Sexual Behavior.
The clearance was granted because the applicant demonstrated significant positive behavioral changes supporting sobriety and responsibility. His last alcohol-related incident occurred over six years prior to the hearing, indicating a sustained period of abstinence. Additionally, the applicant's medical condition and family responsibilities were considered factors that reduced the likelihood of future substance abuse.
Why the applicant prevailed
- The applicant demonstrated significant positive changes in behavior supportive of sobriety and responsibility.
- The applicant's last alcohol-related incident occurred over six years prior to the hearing, indicating a long period of abstinence.
- The applicant's medical condition and family responsibilities contributed to a reduced likelihood of future substance abuse.
Conditions referenced
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence, Fighting, Child or Spouse Abuse, or Other Criminal Incidents Related to Alcohol Use.
- E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment.
- E2.A8.1.2.1raisedAny Drug Abuse.
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses.
- E2.A7.1.3.2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem.
- E2.A7.1.3.3appliedPositive Changes in Behavior Supportive of Sobriety.
- E2.A8.1.3.1appliedThe Drug Involvement Was Not Recent.
- E2.A8.1.3.4appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future.
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent.
- E2.A10.1.3.4appliedThe Person Did Not Voluntarily Commit the Act And/or the Factors Leading to the Violation Are Not Likely to Recur.
- E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation.
Key rule quoted
“"It is clearly consistent with the national interest to grant or continue a security clearance for the Applicant."”
Procedural posture
- SOR issuedDec 9, 2003
- Answer filedDec 23, 2003
- Hearing heldSep 23, 2004
- Decision dateFeb 16, 2005
Cite for
- Mitigation of Alcohol-related Incidents Under Guideline A
- Mitigation of Drug Involvement Under Guideline D
- Successful Rehabilitation in the Context of Criminal Conduct Under Guideline J