Summary
A 44-year-old male defense contractor employee, working since 1987, was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The denial stemmed from a history of alcohol-related incidents and a failure to disclose relevant information on his security clearance application.
Specifically, the applicant had a 1997 incident of arriving at work smelling of alcohol and a 2003 DUI charge with a blood alcohol level of .239. Both incidents led to employer-directed counseling. However, in 2001, the applicant answered "no" on his security clearance application when asked if his alcohol use had resulted in treatment or counseling within the past seven years, despite the 1997 incident.
The judge found that the applicant failed to mitigate security concerns, citing his history of alcohol-related incidents, the failure to disclose prior alcohol counseling, and a lack of sufficient evidence demonstrating rehabilitation or changes in alcohol consumption behavior. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- Applicant had a history of alcohol-related incidents, including a DUI and arriving at work smelling of alcohol.
- Applicant's failure to disclose prior alcohol counseling on his security clearance application raised security concerns.
- The applicant did not provide sufficient evidence of rehabilitation or changes in behavior regarding alcohol consumption.
Conditions Referenced
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence.
- E2.A7.1.2.2raisedAlcohol-related Incidents at Work, Such as Reporting for Work or Duty in an Intoxicated or Impaired Condition, or Drinking on the Job.
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire.
- E2.A5.1.2.4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress.
Key Rule Quoted
“There is no right to a security clearance and one seeking access to classified information must be prepared to enter into a fiduciary relationship with the United States Government that is inherently predicated on trust and confidence.”
Procedural Posture
- SOR issuedMay 25, 2004
- Answer filedJun 29, 2004Applicant admitted to five of six allegations under Guideline G and one of two allegations under Guideline E.
- Hearing held—Applicant requested an administrative determination based on the record.
- Decision dateAug 5, 2005
Cite For
- Failure to Disclose Prior Alcohol-related Treatment on Security Clearance Application Under Guideline E
- History of Alcohol-related Incidents Impacting Security Clearance Eligibility Under Guideline G
- Insufficient Evidence of Rehabilitation or Behavior Change Regarding Alcohol Consumption.