Summary
A 27-year-old male applicant was denied a security clearance due to concerns under Guidelines G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The applicant had a history of alcohol abuse from 1996 to 2001, including multiple arrests and convictions for underage alcohol possession, public intoxication, and driving under the influence. He was diagnosed with alcohol dependence in April 2000 and received outpatient treatment.
Beyond alcohol, the applicant had a history of criminal conduct, including arrests for vandalism, resisting arrest, burglary, contributing to the delinquency of a minor, and petit larceny. He was also terminated from employment for stealing merchandise. Additionally, he used marijuana on approximately 50 occasions between February 1999 and May 2002, purchasing it for personal use.
While the applicant demonstrated some reform in criminal conduct and drug use, stating he did not intend to use illegal drugs in the future, he failed to mitigate concerns related to ongoing alcohol consumption. Despite treatment, he continued to consume alcohol, including instances of excessive drinking as recently as February 2004, and did not provide evidence of a favorable prognosis or ongoing participation in Alcoholics Anonymous.
Why the applicant was denied
- The applicant has a history of alcohol abuse with multiple arrests and convictions from 1996 to 2001.
- He failed to provide evidence of a favorable prognosis or ongoing participation in Alcoholics Anonymous after treatment.
- The applicant continues to consume alcohol, including instances of excessive drinking as recently as February 2004.
Conditions referenced
- G.1raisedAlcohol-related Incidents Away From Work
- G.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- J.araisedAllegations or Admissions of Criminal Conduct
- J.braisedA Single Serious Crime or Multiple Lesser Offenses
- H.1raisedAny Drug Abuse
- H.2raisedIllegal Drug Possession
- G.3rejectedPositive Changes in Behavior Supportive of SobrietyWhile the applicant provided some evidence of positive changes, it was insufficient to demonstrate long-term sobriety.
- J.aappliedThe Criminal Behavior Was Not RecentThe applicant's last criminal incident was in 1998.
- J.dappliedThe Person Did Not Voluntarily Commit the Act And/or the Factors Leading to the Violation Are Not Likely to RecurThe applicant demonstrated that the factors leading to his past criminal conduct are unlikely to recur.
- J.fappliedThere Is Clear Evidence of Successful RehabilitationThe applicant provided sufficient evidence of rehabilitation regarding criminal conduct.
- H.3appliedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant expressed an intent not to use illegal drugs in the future.
Key rule quoted
“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”
Procedural posture
- SOR issuedSep 15, 2003
- Answer filedOct 9, 2003Notarized response requesting a hearing.
- Hearing heldFeb 27, 2004Hearing conducted with mutual agreement.
- Decision dateMay 24, 2004
Cite for
- Denial of Security Clearance Due to Ongoing Alcohol Abuse Despite Past Treatment
- Mitigation of Criminal Conduct Concerns Based on Evidence of Rehabilitation
- Impact of Alcohol-related Incidents on Security Clearance Eligibility