Summary
A 50-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement). The denial stemmed from a history of alcohol-related arrests and ongoing alcohol consumption despite a diagnosis of alcohol dependence. Additionally, the applicant made multiple omissions and misrepresentations regarding his substance use on security clearance applications (SF-86s in September 1992 and June 2002) and in a sworn statement to a DoD investigator in 1999.
Specific allegations included consuming alcohol to excess from the early 1980s to at least February 2004, three alcohol-related arrests between 1983 and 1996, and continuing alcohol consumption after receiving treatment for alcohol dependence from 1997 to 1998. Regarding drug involvement, the applicant used and purchased marijuana from 1972 to at least January 2000, including after being granted security clearances in 1988 and 1993. His employment with Company A was terminated in January 2000 for violating a drug-free workplace policy after testing positive for marijuana.
While past drug use was mitigated by the absence of recent use, the judge found insufficient evidence of rehabilitation for alcohol dependence and significant concerns about the applicant's candor and reliability due to his omissions. The applicant's history of three alcohol-related arrests, continued alcohol consumption despite diagnosis, and inadequate recovery efforts led to the denial, as there was no updated prognosis to predict future abstinence.
Why the Applicant Was Denied
- Applicant has a history of three alcohol-related arrests resulting in convictions, jail time, fines, and probation.
- Despite being diagnosed with alcohol dependence, the applicant continued to consume alcohol without an updated prognosis.
- The applicant's efforts at recovery were deemed insufficient to predict future abstinence from alcohol.
Conditions Referenced
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
- E2.A7.1.2.3raisedDiagnosis by a Credentialed Medical Professional
- E2.A7.1.2.6raisedConsumption of Alcohol After Diagnosis of Alcoholism
- E2.A7.1.3.3rejectedPositive Changes in Behavior Supportive of SobrietyThe applicant's commitment to sobriety was insufficient to apply this mitigating condition.
- E2.A7.1.3.4rejectedSuccessful Completion of Rehabilitation ProgramThe applicant did not demonstrate ongoing commitment to recovery support programs.
Key Rule Quoted
“"The ultimate determination of an applicant's eligibility for a security clearance depends, in large part, on the relevance and materiality of that evidence."”
Procedural Posture
- SOR issuedApr 26, 2005
- Answer filedJul 19, 2005Applicant elected to have the case decided on the written record.
- Hearing held—
- Decision dateMay 31, 2006
Cite For
- Denial Based on a History of Alcohol-related Offenses Under Guideline G
- Issues of Candor and Falsification in Security Clearance Applications Under Guideline E
- Insufficient Evidence of Rehabilitation to Mitigate Alcohol Dependence Concerns Under Guideline G.