Summary
A 45-year-old male applicant was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a history of alcohol and drug abuse, which included multiple arrests and hospitalizations.
Specific allegations detailed a pattern of alcohol-related incidents, such as charges for public intoxication in November 2002 and Driving Under the Influence (DUI) in June 2003. The applicant was diagnosed with alcohol abuse and dependence, exhibited binge drinking, and had failed to complete or comply with treatment. Further issues included consuming alcohol after diagnosis, hospitalizations for alcohol-related problems, reporting to work impaired, and engaging in alcohol-related criminal conduct that affected his employment and caused attendance problems. Additionally, the applicant used marijuana frequently from 1982 until at least March 2003 and abused a prescription drug for several months in 2001, all while holding a secret security clearance. His criminal conduct also included spouse abuse and probation violations.
While the applicant made efforts toward recovery, including treatment programs and Alcoholics Anonymous, the judge found insufficient evidence to mitigate the security risks. The denial was based on his long history of alcohol abuse, the close tie between his criminal conduct and alcohol abuse, and a lack of demonstrated recovery over a sufficient period to alleviate concerns about his reliability and judgment.
Why the Applicant Was Denied
- The applicant has a long history of alcohol abuse, including multiple arrests and hospitalizations.
- He has not demonstrated sufficient time or evidence of recovery to mitigate the security concerns.
- The applicant's criminal conduct is closely tied to his alcohol abuse, raising doubts about his reliability and judgment.
Conditions Referenced
- G.1appliedAlcohol-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
- G.3appliedDiagnosis by a Credentialed Medical Professional of Alcohol Abuse or Alcohol Dependence
- G.5appliedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- H.1appliedAny Drug Abuse
- J.1appliedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- J.2appliedA Single Serious Crime or Multiple Lesser Offenses
- G.2rejectedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- G.4rejectedFollowing Diagnosis of Alcohol Abuse or Alcohol Dependence, the Individual Has Successfully Completed Inpatient or Outpatient Rehabilitation Along with Aftercare Requirements, Participates Frequently in Meetings or Alcoholics Anonymous or a Similar Organization, Has Abstained From Alcohol for a Period of at Least 12 Months, and Received a Favorable Prognosis by a Credentialed Medical Professional
- G.3appliedPositive Changes in Behavior Supportive of Sobriety
- H.1rejectedThe Drug Involvement Was Not Recent
- H.3rejectedA Demonstrated Intent Not to Abuse Any Drugs in the Future
Key Rule Quoted
“No one has a right to a security clearance and the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedJul 30, 2004
- Answer filedAug 30, 2004Requested decision based on written record without a hearing.
- Hearing held—No hearing; decision based on written record.
- Decision dateFeb 22, 2005
Cite For
- Denial of Clearance Due to History of Substance Abuse and Criminal Conduct
- Insufficient Evidence of Rehabilitation to Mitigate Security Concerns
- Impact of Past Behavior on Current Security Clearance Eligibility