Summary
A 33-year-old equipment tester and former Air Force member was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons cited two DUI arrests and subsequent convictions in 1996 and 2001. Following both incidents, the applicant received alcohol-related treatment.
Disqualifying conditions related to alcohol consumption and criminal conduct were raised, but mitigating conditions were applied. The judge determined that the applicant had demonstrated significant rehabilitation and maturity since his last DUI incident in 2001.
Evidence presented indicated that the applicant now limits his alcohol consumption to occasional drinks with dinner and has maintained a clean legal record for over two decades. Positive testimonials from supervisors further supported his transformation into a responsible adult. Based on this evidence, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated significant rehabilitation and maturity since his last DUI incident.
- He has limited his alcohol consumption to occasional drinks with dinner and has not had any legal issues since 2001.
- Positive testimonials from supervisors indicated a transformation into a responsible adult.
Conditions Referenced
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence, Fighting, Child or Spouse Abuse, or Other Criminal Incidents Related to Alcohol Use
- E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A7.1.3.2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
- E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation
- E2.A10.1.3.4appliedThe Person Did Not Voluntarily Commit the Act And/or the Factors Leading to the Violation Are Not Likely to Recur
Key Rule Quoted
“The presence or absence of a particular condition or factor for or against clearance is not determinative of a conclusion for or against an applicant.”
Procedural Posture
- SOR issuedSep 23, 2004
- Answer filedNov 2, 2004
- Hearing heldMar 24, 2005
- Decision dateOct 28, 2005
Cite For
- Mitigation of Alcohol-related Incidents Under Guideline G
- Successful Rehabilitation After Criminal Conduct Under Guideline J
- The Importance of Maturity and Positive Character References in Security Clearance Decisions