Summary
A 53-year-old security guard was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant had a history of excessive alcohol use spanning over 20 years, including multiple alcohol-related driving arrests in 1979, 1989, 1994, and a 1998 conviction that resulted in a fine and an order for treatment. He received alcohol treatment in 2001 but did not complete the program, and was discharged from a prior position that same year after appearing for work intoxicated following two counseling sessions.
Further concerns arose from the applicant's failure to disclose relevant employment history and his discharge from a company on his SF 86, as well as deliberately omitting facts about his alcohol use and treatment. Although the applicant last drank at Christmas 2004 despite medical advice, and his supervisor regarded him well, the judge found insufficient evidence of rehabilitation from his long history of alcohol abuse.
The judge concluded that the applicant's deliberate omissions on the SF 86 regarding employment and alcohol treatment raised trustworthiness concerns, and there was insufficient evidence of behavioral change despite medical advice to limit alcohol consumption. Consequently, the applicant did not sufficiently mitigate these concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant failed to demonstrate sufficient rehabilitation from a long history of alcohol abuse.
- Deliberate omissions on the SF 86 regarding employment and alcohol treatment raised concerns about trustworthiness.
- Insufficient evidence of behavioral change despite medical advice to limit alcohol consumption.
Conditions Referenced
- E2.A5.1.1raisedPersonal Conduct
- E2.A7.1.1raisedAlcohol Consumption
- E2.A10.1.1raisedCriminal Conduct
- E2.A7.1.3.2rejectedAlcohol Consumption - Time Since Last IncidentWhile the last incident occurred years ago, the applicant's ongoing issues with alcohol consumption were not mitigated.
- E2.A10.1.3.1rejectedCriminal Conduct - Time Since Last OffenseThe time since the last offense was not sufficient to demonstrate rehabilitation.
- E2.A7.1.3.3rejectedAlcohol Consumption - Positive Changes in BehaviorThe applicant's limited alcohol consumption was not enough to conclude that his conduct had changed.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedApr 29, 2004
- Answer filedJun 10, 2004
- Hearing heldFeb 18, 2005
- Decision dateJun 7, 2005
Cite For
- Failure to Mitigate Alcohol-related Security Concerns Under Guideline G
- Deliberate Omissions on SF 86 Indicating Untrustworthiness Under Guideline E
- Insufficient Evidence of Rehabilitation From Criminal Conduct Under Guideline J