Summary
A 42-year-old program manager was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline E (Personal Conduct). The applicant had a history of alcohol consumption, at times to the point of intoxication, from December 1981 to at least September 2003. This included multiple alcohol-related incidents: a December 1981 DUI arrest, a September 1983 misdemeanor complaint for battery and other charges after consuming alcohol, a December 1988 arrest for Driving While Impaired, and a non-judicial punishment in October 1993 for DUI and provoking speech.
Further incidents included a September 2003 charge and guilty plea for Operating a Motor Vehicle Under the Influence of Alcohol/Drugs, resulting in jail time, fines, and a license suspension. The applicant received treatment for alcohol abuse from October 1994 to November 1994, and again from October 2003 to February 2004, including an alcohol safety program.
The denial was based on the applicant's history of multiple alcohol-related arrests and incidents, and a deliberate failure to disclose two significant alcohol-related charges on his security clearance application. Additionally, the applicant did not provide credible evidence of ongoing sobriety or compliance with aftercare recommendations.
Why the Applicant Was Denied
- The applicant has a history of multiple alcohol-related arrests and incidents.
- He failed to disclose two significant alcohol-related charges on his SF-86.
- The applicant did not provide credible evidence of ongoing sobriety or compliance with aftercare recommendations.
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.A8.1.2.2raisedFalsification of Material Facts
- E2.A5.1.2.4raisedVulnerability to Coercion and Blackmail
- E2.A5.1.2.5raisedPattern of Dishonesty or Rule Violation
- E2.A7.1.3.1rejectedNo Pattern of Alcohol-related IncidentsThe applicant's history indicates a pattern of behavior.
- E2.A7.1.3.2rejectedPast Alcohol Problems Not RecentThe applicant's last alcohol-related incident was in September 2003.
- E2.A7.1.3.3rejectedPositive Changes in Behavior Supportive of SobrietyThe applicant did not provide evidence of ongoing participation in aftercare.
- E2.A7.1.3.4appliedSuccessful Completion of Rehabilitation and AftercareThe applicant completed treatment but did not demonstrate compliance with aftercare.
Key Rule Quoted
“An applicant 'has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.'”
Procedural Posture
- SOR issuedOct 7, 2005
- Answer filedNov 14, 2005Requested decision on the record.
- Hearing held—
- Decision dateMar 7, 2006
Cite For
- Failure to Disclose Significant Past Conduct Under Guideline E
- Pattern of Alcohol-related Incidents Under Guideline G
- Burden of Proof on the Applicant to Demonstrate Security Clearance Eligibility.