Summary
A 46-year-old aircraft field service technician with nearly 19 years of service at a defense contractor was granted a security clearance despite concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The applicant's history included multiple alcohol-related driving offenses and a marijuana possession charge between 1995 and 2003. Specifically, he was arrested for DUI in 1995 (found not guilty), possession of marijuana in 1997, DUI in 2000 (reduced to reckless driving), DWI in 2001 (refused breathalyzer), DWI in 2003 (pled guilty to a lesser offense), and public drunkenness in 2003 (modified to a traffic citation).
Additionally, the applicant failed to disclose the 1997 marijuana possession arrest on his March 14, 2003, Security Clearance Application (SF 86). Of the six incidents, only the last drunk driving case resulted in a conviction.
The judge found that the applicant successfully mitigated the security concerns. This was based on his completion of an alcohol education program, the absence of any recurring alcohol problems since 2003, and significant moderation in his drinking habits. His nearly 19 years of exemplary work, reliability, and dependability also contributed to the decision to grant the security clearance.
Why the applicant prevailed
- The applicant completed an alcohol education program and has had no recurring alcohol problems since 2003.
- He has performed exemplary work for nearly 19 years and is regarded as reliable and dependable.
- The applicant demonstrated significant moderation in his drinking habits and positive changes in his personal life.
Conditions referenced
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
- E2.A5.1.2.2rejectedDeliberate Omission of Relevant FactsThe applicant's omission was not deliberate; he believed the record was expunged.
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct
- E2.A7.1.3.2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- E2.A7.1.3.3appliedPositive Changes in Behavior Supportive of Sobriety
- E2.10.1.2.1appliedThe Conduct Was Not Recent
- E2.10.1.2.6appliedThere Is Clear Evidence of Successful Rehabilitation
Key rule quoted
“Protecting national security is the paramount concern in reaching a decision in any case, and is dependent upon the primary standard that issuance of a clearance must be clearly consistent with the interests of national security.”
Procedural posture
- SOR issuedMar 10, 2005
- Answer filedMar 25, 2005
- Hearing heldNov 9, 2005
- Decision dateFeb 15, 2006
Cite for
- Successful Mitigation of Alcohol-related Security Concerns
- Demonstration of Rehabilitation Over Time
- Consideration of Personal Circumstances in Security Clearance Decisions