Summary
A 44-year-old electrical engineer, employed by a federal contractor since 1998, was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant's history included eight arrests for driving under the influence (DUI) between 1983 and 2001, resulting in five DUI guilty pleas, two guilty pleas for alcohol-related reckless driving, and one nolle prossed DUI. Additionally, he had a felony conviction for marijuana possession.
The Statement of Reasons highlighted the applicant's continued alcohol consumption despite his history of offenses, and his failure to complete or comply with alcohol treatment. It was noted that his comments reflected a disregard for the illegality of his actions, raising questions about his ability to comply with rules and regulations. Although the applicant stated a desire to stop drinking and claimed over two months of abstinence, this was insufficient to mitigate the concerns.
The denial was based on the applicant's extensive history of alcohol-related offenses and the felony conviction. The judge determined that despite acknowledging alcohol's negative impact, the applicant continued to consume it, indicating a lack of understanding regarding the severity of his actions. Ultimately, the applicant failed to provide clear evidence of successful rehabilitation or sufficient mitigating circumstances.
Why the Applicant Was Denied
- Applicant has a long history of alcohol-related offenses, including eight DUI arrests and a felony conviction for marijuana possession.
- Despite acknowledging the negative impact of alcohol on his life, Applicant continues to consume alcohol, demonstrating a lack of understanding of the severity of his actions.
- The judge found that Applicant failed to provide clear evidence of successful rehabilitation or mitigating circumstances.
Conditions Referenced
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Charges
- 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
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedMar 29, 2004
- Answer filedundated
- Hearing heldN/AApplicant elected to have the case decided on the written record.
- Decision dateSep 15, 2005
Cite For
- Denial Based on a Pattern of Criminal Conduct Under Guideline J
- Denial Due to Ongoing Alcohol Consumption Despite Prior Claims of Abstinence Under Guideline G
- Failure to Demonstrate Successful Rehabilitation After Multiple Offenses.