Summary
A 43-year-old engineer employed by a defense contractor was granted a security clearance despite concerns raised under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons cited two alcohol-related driving offenses in 1992 and 1999. Additionally, the applicant did not disclose participation in an educational program as part of the court disposition for each offense, as it was not considered alcohol treatment or education.
The judge determined that the applicant had successfully mitigated the security concerns. Disqualifying conditions E2.A7.1.2.1 and E2.A5.1.2.2 were raised, but mitigating conditions E2.A7.1.2.1, E2.A7.1.3.4, and E2.A5.1.2.2 were applied.
The decision to grant the clearance was based on several factors. The applicant demonstrated substantial rehabilitation and reduced alcohol consumption since his last DUI in 1999. A clinical psychologist evaluated the applicant and found no evidence of alcohol dependence or substance abuse. Furthermore, the applicant's non-disclosure of the educational program was deemed reasonable and not a deliberate falsification.
Why the applicant prevailed
- The applicant demonstrated substantial rehabilitation and reduced alcohol consumption since his last DUI offense in 1999.
- A clinical psychologist evaluated the applicant and found no evidence of alcohol dependence or substance abuse.
- The applicant's non-disclosure of his participation in an educational program was deemed reasonable and not a deliberate falsification.
Conditions referenced
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence.
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts.
- E2.A7.1.2.1appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Current Problem.
- E2.A7.1.3.4appliedPositive Changes in Behavior Supportive of Sobriety.
- E2.A5.1.2.2appliedThe Applicant's Explanation for the Omission Was Reasonable and Supported by Regulations.
Key rule quoted
“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
Procedural posture
- SOR issuedOct 21, 2003
- Answer filedNov 15, 2003
- Hearing heldJun 16, 2004
- Decision dateOct 26, 2004
Cite for
- Mitigation of Alcohol-related Concerns Under Guideline G
- Reasonable Interpretation of Educational Programs in Relation to Personal Conduct Under Guideline E
- Evidence of Rehabilitation and Positive Behavioral Changes in Security Clearance Cases