Summary
A 40-year-old technician's security clearance was denied due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant had a documented history of nine alcohol-related incidents spanning 20 years, including six convictions for driving under the influence (DUI). Specific incidents included arrests for public intoxication in April 1983 and July 1984, multiple DUI arrests and charges between 1984 and 1998, and a felony DUI charge in October 2003. Other criminal conduct included an arrest for illegal possession of alcohol, a violation of the state Uniform Controlled Substances Act, and charges of assault-reckless endangerment and attempting to flee or elude police in April 1998.
Despite acknowledging an alcohol problem, the applicant failed to demonstrate a commitment to abstinence and continued to consume alcohol. At the time of the decision, the applicant remained on probation for the most recent DUI conviction, which had occurred less than two years prior.
The denial was based on the extensive history of alcohol-related incidents and criminal conduct, coupled with insufficient evidence of rehabilitation. The decision noted evidence of denial and minimization regarding the applicant's alcohol consumption and future sobriety.
Why the Applicant Was Denied
- The applicant has a history of nine alcohol-related incidents over 20 years, including six DUI convictions.
- The applicant is still on probation for his most recent DUI conviction, which occurred less than two years prior to the decision.
- There is evidence of denial and minimization regarding the applicant's alcohol consumption and future sobriety.
Conditions Referenced
- E2.A10.1.2.2raisedCriminal Conduct - Multiple Lesser Offenses
- E2.A7.1.2.2raisedAlcohol Consumption - Alcohol-related Incidents Away From Work
- E2.A7.1.2.5raisedAlcohol Consumption - Habitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- E2.A10.1.3.6rejectedCriminal Conduct - Clear Evidence of Successful RehabilitationThe applicant's compliance with probation does not demonstrate sufficient rehabilitation due to the recency and frequency of his offenses.
- E2.A7.1.3.1rejectedAlcohol Consumption - the Alcohol-related Incidents Do Not Indicate a PatternThe applicant's nine alcohol-related incidents over 20 years constitute a clear pattern.
- E2.A7.1.3.2rejectedAlcohol Consumption - the Problem Occurred a Number of Years Ago and There Is No Indication of a Recent ProblemThe most recent alcohol-related incident occurred less than two years ago.
Key Rule Quoted
“"Violating the law demonstrates poor judgment. When an individual engages in a pattern of criminal offenses over a number of years while under the influence of alcohol, he demonstrates extremely poor judgment."”
Procedural Posture
- SOR issuedMar 1, 2005
- Answer filedMar 21, 2005
- Hearing heldJun 30, 2005
- Decision dateNov 29, 2005
Cite For
- Pattern of Criminal Conduct Under Guideline J
- Insufficient Evidence of Rehabilitation Under Guideline J
- Excessive Alcohol Consumption Leading to Poor Judgment Under Guideline G