Summary
A 45-year-old lead shipping/receiving inspector for a defense contractor was denied a security clearance due to concerns under Guideline G (Alcohol Consumption), Guideline J (Criminal Conduct), and Guideline E (Personal Conduct). The applicant had a history of seven Driving Under the Influence (DUI) arrests between 1978 and 1999. Additionally, he was arrested for domestic violence in 1996, though this charge was dismissed.
The Statement of Reasons highlighted that the applicant continued to consume significant quantities of alcohol daily and had a history of excessive alcohol consumption and related incidents away from work. He also failed to disclose all previous DUI arrests, believing he only needed to list those within the past seven years.
The judge determined that the applicant failed to mitigate the government's security concerns. Specifically, he did not demonstrate rehabilitation or a change in behavior regarding his alcohol consumption, which raised questions about his judgment and reliability. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant has a long history of alcohol-related arrests, including seven DUIs from 1978 to 1999.
- He continues to consume significant quantities of alcohol daily, which raises concerns about his judgment and reliability.
- The applicant did not demonstrate rehabilitation or a change in behavior regarding his alcohol consumption.
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.A9.1.3.1rejectedThere Is No Indication of a Current ProblemThe applicant's ongoing alcohol consumption raises concerns about future incidents.
- E2.A9.1.3.1rejectedThere Is No Indication of a Current ProblemThe applicant's history of arrests and current drinking habits indicate a continuing risk.
- E2.A9.1.3.1rejectedThere Is No Indication of a Current ProblemThe applicant's lack of acknowledgment of any drinking problems undermines the application of this condition.
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 15, 2005
- Answer filedAug 2, 2005Applicant elected to have his case decided on the written record.
- Hearing held—No hearing; case decided on the written record.
- Decision dateMar 9, 2006
Cite For
- History of Multiple DUI Arrests Impacting Security Clearance Eligibility
- Ongoing Alcohol Consumption as a Disqualifying Factor
- Failure to Mitigate Security Concerns Under Multiple Guidelines