Summary
A 39-year-old defense contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The primary issues stemmed from a history of excessive alcohol consumption and related criminal conduct, specifically two DUI/DWI arrests.
The Statement of Reasons detailed an arrest for DWI in 1983 and a DUI arrest in 2002. While an allegation of a 1982 DWI arrest was not supported by sufficient evidence, the applicant admitted to consuming alcohol to the point of intoxication once or twice monthly. Personal conduct issues included the applicant terminating a May 2003 interview after being accused of lying by a DSS special agent, and an income withholding order for child support received by the applicant's employer in January 2002.
Ultimately, the judge found that the applicant's history of excessive alcohol consumption and criminal conduct, including the 1983 DWI and 2002 DUI arrests, raised significant security concerns. No mitigating conditions were found applicable to sufficiently counter these disqualifying factors, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant has a history of excessive alcohol consumption, admitting to becoming intoxicated once or twice a month.
- The applicant was arrested for DUI in 2002 and DWI in 1983, which raised significant security concerns.
- No mitigating conditions were applicable to counter the disqualifying factors related to alcohol consumption and criminal conduct.
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.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.
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 issuedApr 9, 2004
- Answer filedMay 3, 2004Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateNov 30, 2004
Cite For
- Excessive Alcohol Consumption as a Disqualifying Factor Under Guideline D
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Insufficient Evidence to Mitigate Security Concerns Related to Personal Conduct Under Guideline E