Summary
A 27-year-old supervisor at a defense contractor was denied a security clearance under Guideline G (Alcohol Consumption) due to a history of alcohol abuse and two alcohol-related criminal offenses. The Statement of Reasons detailed that the applicant drank alcohol to excess between 1996 and 2003, was convicted of DUI in April 2000, and in 2002, was arrested while intoxicated and subsequently pled nolo contendere to battery on a law enforcement officer, resisting arrest, and criminal mischief.
Disqualifying Conditions 1 and 5 were raised, while Mitigating Conditions 1, 2, and 3 were considered. However, the applicant failed to provide sufficient evidence to mitigate the concerns. Despite claims of reduced drinking due to increased responsibilities, the judge found that the applicant still engaged in excessive drinking.
Ultimately, the applicant's claims of behavioral change were not definitively supported, leading to doubts about his judgment and reliability. The security clearance was DENIED.
Why the Applicant Was Denied
- The applicant failed to demonstrate sufficient evidence to mitigate concerns regarding his alcohol abuse history.
- The applicant's claims of reduced drinking were not supported by evidence showing a definitive change in behavior.
- The applicant still engaged in excessive drinking, which raised doubts about his judgment and reliability.
Conditions Referenced
- DC 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
- DC 5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- MC 1rejectedThe Alcohol-related Incidents Do Not Indicate a PatternWhile there were only two incidents, the applicant still engaged in excessive drinking.
- MC 2rejectedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent ProblemThe applicant's current drinking behavior still raises concerns.
- MC 3rejectedPositive Changes in Behavior Supportive of SobrietyThe applicant did not provide sufficient evidence of a definitive change in behavior.
Key Rule Quoted
“The "clearly consistent with the national interest" standard compels resolution of any reasonable doubt about an applicant's suitability for access in favor of the government.”
Procedural Posture
- SOR issuedApr 12, 2005
- Answer filed—Applicant denied all allegations.
- Hearing heldOct 19, 2005Applicant testified pro se.
- Decision dateJan 30, 2006
Cite For
- Denial of Clearance Due to Alcohol-related Criminal Conduct
- Failure to Mitigate Alcohol Abuse Concerns
- Impact of Excessive Drinking on Judgment and Reliability