Summary
This case involves a 34-year-old defense contractor technician whose security clearance was granted despite concerns under Guideline D (Sexual Behavior), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant had a history of four alcohol-related arrests between 1991 and 1999, including two for Driving While Impaired (DWI) and one for Driving While License Revoked, resulting in fines, community service, and probation. His employment at Laboratory X was terminated in November 1999 due to alcohol consumption during working hours. An evaluation in April 1999 diagnosed him with Alcohol Dependence.
Additionally, the applicant was cited in April 2002 for Disorderly Conduct and Lewd Acts in a Public Place, stemming from an incident where he masturbated in public. He also admitted to similar acts on at least 20 occasions between May 2000 and April 2002.
However, the judge found significant mitigation. The applicant underwent counseling for his alcohol issues and demonstrated a change in behavior, now limiting his drinking to occasional beers and not driving after consumption. The public masturbation incident was explained as a misguided attempt to increase fertility, rather than having a sexual aspect. The applicant showed significant behavioral changes and maturity since the incidents, leading to the decision to grant the security clearance.
Why the applicant prevailed
- The applicant underwent counseling for alcohol-related issues and has not returned to old habits.
- The public masturbation incident was explained as a misguided attempt to increase fertility, lacking a sexual aspect.
- The applicant demonstrated significant behavioral changes and maturity since the incidents.
Conditions referenced
- DC 1raisedCriminal Conduct
- DC 2raisedMultiple Lesser Offenses
- DC 1raisedAlcohol-related Incidents Away From Work
- DC 2raisedAlcohol-related Incidents at Work
- DC 4raisedHabitual or Binge Consumption of Alcohol
- MC 1appliedNot Recent Criminal Behavior
- MC 5appliedEvidence of Successful Rehabilitation
- MC 2appliedNo Recent Alcohol-related Problems
- MC 3appliedPositive Changes in Behavior
Key rule quoted
“"Sexual Behavior becomes a security concern when it involves a criminal offense, indicates a personal or emotional disorder, subjects the individual to undue influence or coercion, or reflects a lack of judgment or discretion."”
Procedural posture
- SOR issuedMay 26, 2004
- Answer filedJul 23, 2004
- Hearing heldDec 2, 2004
- Decision dateFeb 28, 2005
Cite for
- Mitigation of Alcohol-related Conduct Under Guideline G
- Lack of Sexual Aspect in Public Behavior Under Guideline D
- Successful Rehabilitation After a History of Criminal Conduct Under Guideline J