Summary
The applicant, a 36-year-old electrician for a defense contractor, faced security clearance denial due to a long history of alcohol-related incidents, including multiple DUI convictions and ongoing alcohol consumption despite treatment. His financial issues, linked to his alcohol dependence, further contributed to the denial, as he was unable and unwilling to pay significant debts. The judge concluded that granting a clearance was not consistent with national interest.
Under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Foreclosure on home, $29,000 (2.a). Acct delinq since 9/96, $511 (2.b). Acct delinq since 11/96, $1,744 (2.c). Acct delinq since 10/01, $464 (2.d). The applicant consumed alcohol to the point of intoxication from 1984 to 2001 (1.a). The applicant was arrested for being a minor in possession of alcohol (1.b). The applicant was arrested four times for DUI (1.c). The applicant was ordered to attend alcohol treatment (1.d). The applicant received NJP for the DUI offense (1.e). The applicant violated probation and served 30 days in jail (1.f). The applicant had alcohol restrictions placed on his driver's license (1.g). The applicant was treated for alcohol dependence (1.h). The applicant continues to consume alcohol (1.i). The applicant was arrested for DWI in February 1999 (1.j). The applicant was placed in an alcohol treatment program by the Navy (1.k). The applicant's alcohol-related incidents have led to financial issues (1.l). The applicant's excessive alcohol consumption has led to questionable judgment (1.m). Applicant is disqualified from holding a security clearance under 10 U.S.C. § 986 because of his sentence to two years in jail for his 1988 conviction for DUI (3.a).
The judge denied the clearance. The government raised disqualifying conditions E2.A7.1.2.1, E2.A7.1.2.4, E2.A7.1.2.6, E2.A6.1.2.1, E2.A6.1.3.1, E2.A6.1.2.5, 10 U.S.C. § 986. The decision turned on the following: Applicant has a long history of alcohol-related incidents, including multiple DUI convictions; Despite treatment, Applicant continues to consume alcohol, demonstrating a lack of control over his alcohol dependence; Applicant is unable and unwilling to pay his debts, which are linked to his excessive alcohol consumption.
Why the Applicant Was Denied
- Applicant has a long history of alcohol-related incidents, including multiple DUI convictions.
- Despite treatment, Applicant continues to consume alcohol, demonstrating a lack of control over his alcohol dependence.
- Applicant is unable and unwilling to pay his debts, which are linked to his excessive alcohol consumption.
Conditions Referenced
- E2.A7.1.2.1raisedAlcohol Consumption
- E2.A7.1.2.4raisedAlcohol Consumption
- E2.A7.1.2.6raisedAlcohol Consumption
- E2.A6.1.2.1raisedFinancial Considerations
- E2.A6.1.3.1raisedFinancial Considerations
- E2.A6.1.2.5raisedFinancial Considerations
- 10 U.S.C. § 986raisedCriminal Conduct
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedAug 28, 2003
- Answer filedSep 19, 2003
- Hearing heldFeb 10, 2004
- Decision dateMar 10, 2004
Cite For
- Denial Based on Ongoing Alcohol Dependence Despite Treatment
- Financial Irresponsibility Linked to Alcohol Consumption
- Impact of Criminal Conduct on Security Clearance Eligibility Under 10 U.S.C. § 986