Summary
A 25-year-old engineer's security clearance was denied due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a history of alcohol and drug use, specifically two Driving While Intoxicated (DWI) charges, one in 1998 and another in 2004.
The applicant's Statement of Reasons detailed excessive alcohol consumption, including the 2004 DWI and an incident of intoxication one month later in June 2004. Although the applicant was diagnosed as alcohol dependent, attended treatment classes, and made significant behavioral changes toward sobriety, these efforts were not sufficient to overcome the security concerns.
The primary reason for denial was the recent nature of the alcohol-related incidents, particularly the 2004 DWI and subsequent intoxication. Insufficient time had passed since the last incident to demonstrate lasting change, and the applicant's history of alcohol dependence continued to raise significant security concerns, precluding the application of mitigating conditions.
Why the Applicant Was Denied
- Recent DWI incidents were too close in time to justify mitigating conditions.
- Insufficient time had passed since the last alcohol-related incident to demonstrate lasting change.
- The applicant's history of alcohol dependence raised significant security concerns.
Conditions Referenced
- E2.A7.1.1raisedExcessive Alcohol Consumption
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
- E2.A10.1.1raisedCriminal Conduct
- E2.A8.1.1.3raisedDrug Abuse
- E2.A7.1.3.2rejectedSeveral Events Occurred a Number of Years Ago and There Is No Current ProblemThe recent DWI incidents did not support this mitigating condition.
- E2.A10.1.3.1rejectedThe Criminal Behavior Was Not RecentThe 2004 DWI was too recent to apply this mitigating condition.
- E2.A8.1.3.1appliedDrug Involvement Was Not Recent
- E2.A8.1.3.3appliedDemonstrated Intent Not to Abuse Any Drugs in the Future
- E2.A7.1.3.3rejectedPositive Changes in Behavior Supportive of SobrietyInsufficient time since the last DWI to justify this mitigating condition.
Key Rule Quoted
“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
Procedural Posture
- SOR issuedAug 5, 2005
- Answer filedAug 25, 2005
- Hearing heldOct 18, 2005
- Decision dateJan 30, 2006
Cite For
- Recent Alcohol-related Incidents Impacting Security Clearance Decisions
- Evaluation of Mitigating Conditions in Light of Recency of Conduct
- Consideration of Personal Conduct in Security Clearance Determinations