Summary
A 45-year-old systems engineer manager for a defense contractor was granted a security clearance despite concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The Statement of Reasons cited alcohol consumption to excess from 1982 to January 2003, four alcohol-related driving offenses, and a conviction for DWI in the summer of 2000. Additionally, the applicant was alleged to have deliberately failed to disclose two alcohol-related driving offenses on his SF 86, and faced a DWI charge in 2003 that was later dismissed after a new trial.
The judge found that the applicant credibly refuted allegations of a second DWI and intentional falsification of his SF 86. The incidents from 1987 and 2000 were considered too remote to indicate a current pattern of alcohol abuse.
Ultimately, the applicant demonstrated significant changes in behavior and lifestyle after his last DWI conviction, mitigating the security concerns. Based on credible testimony, evidence of rehabilitation, and the passage of time since the last incident, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant credibly refuted allegations of a second DWI and intentional falsification of his SF 86.
- The incidents from 1987 and 2000 were deemed too remote to indicate a current pattern of alcohol abuse.
- The applicant demonstrated significant changes in behavior and lifestyle after his last DWI conviction.
Conditions Referenced
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
- E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- E2.A10.1.1raisedHistory or Pattern of Criminal Activity
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
- E2.A10.1.2.2raisedSingle Serious Crime or Multiple Lesser Offenses
- E2.A5.1.1raisedConduct Involving Questionable Judgment
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification
- E2.A7.1.3.1appliedThe Alcohol-related Incidents Do Not Indicate a Pattern
- 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 Support of Sobriety
- E2.A10.1.3.1appliedCriminal Behavior Was Not Recent
- E2.A10.1.3.2appliedCriminal Behavior Was an Isolated Incident
- E2.A10.1.3.6appliedClear Evidence of Successful Rehabilitation
- E2.A5.1.2.2appliedNo Disqualifying Conditions Established
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedSep 30, 2005
- Answer filedOct 27, 2005
- Hearing heldApr 4, 2006
- Decision dateJun 20, 2006
Cite For
- Mitigation of Alcohol-related Incidents Under Guideline G
- Mitigation of Criminal Conduct Through Evidence of Rehabilitation
- Consideration of Applicant's State of Mind in Omissions on Security Clearance Applications Under Guideline E