Summary
A defense contractor, born in December 1960, was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The denial stemmed from a history of criminal conduct and excessive alcohol use between 1998 and 2003.
During this period, the applicant was arrested four times. These incidents included two convictions for Driving Under the Influence of Alcohol, a petty larceny charge in June 2002 that resulted in deferred prosecution, and a criminal assault charge involving his son one month later, which was subsequently dropped. These events indicated a pattern of alcohol-related incidents away from work and criminal conduct.
The judge determined that the applicant failed to mitigate the security concerns arising from his criminal history and excessive alcohol consumption. Specifically, the applicant did not provide sufficient evidence of successful rehabilitation from alcohol abuse, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant had multiple arrests for criminal conduct, including two DUIs and a petty larceny charge.
- The applicant's alcohol-related incidents indicated a pattern of excessive consumption and poor judgment.
- The applicant did not provide clear evidence of successful rehabilitation from his alcohol abuse.
Conditions referenced
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
- E2.A10.1.3.1rejectedThe Criminal Behavior Was Not RecentThe applicant's criminal conduct was recent, occurring between 1998 and 2003.
- E2.A10.1.3.2rejectedThe Crime Was an Isolated IncidentThe applicant had multiple offenses, indicating a pattern of behavior.
- E2.A10.1.3.4rejectedFactors Leading to the Violation Are Not Likely to RecurThe applicant demonstrated a lack of self-control and poor judgment.
- E2.A7.1.3.1rejectedThe Alcohol-related Incidents Do Not Indicate a PatternThe applicant had two similar alcohol-related incidents.
- E2.A7.1.3.2rejectedThe Problems Occurred a Number of Years AgoThe second alcohol-related incident was recent.
- E2.A7.1.3.3appliedPositive Changes in Behavior Supportive of SobrietyThe applicant attended alcohol counseling and maintained sobriety during the program.
Key rule quoted
“"The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance."”
Procedural posture
- SOR issuedAug 10, 2005
- Answer filedAug 30, 2005
- Hearing heldFeb 9, 2006
- Decision dateApr 6, 2006
Cite for
- Pattern of Criminal Conduct Under Guideline J
- Excessive Alcohol Consumption Leading to Security Concerns Under Guideline G
- Failure to Demonstrate Successful Rehabilitation From Alcohol Abuse