Summary
A 24-year-old lab technician and recent college graduate was granted a security clearance despite concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The applicant had three alcohol-related arrests during college, with the first two occurring as a minor and the most recent being a DUI three years prior. While he reported the DUI on his SF 86, he omitted the earlier arrests.
Disqualifying conditions were raised due to the three alcohol-related offenses, including the DUI, and the omission of the first two arrests on his SF 86. However, mitigating factors were applied. The judge noted that the earlier alcohol offenses occurred while the applicant was a minor and were considered typical first offenses.
Crucially, the most recent offense was three years ago, with no subsequent alcohol-related incidents. The applicant also completed sufficient alcohol counseling, and his candid reporting of the DUI on his SF 86 indicated no intent to deceive. These factors demonstrated rehabilitation and a commitment to responsible behavior, leading to the granting of his security clearance.
Why the Applicant Prevailed
- The applicant's alcohol offenses occurred while he was a minor and were treated as typical first offenses.
- The most recent offense was three years ago, and he has shown no further alcohol-related incidents since then.
- The applicant completed counseling for alcohol, which was assessed as sufficient without the need for further treatment.
- He candidly reported his most serious arrest on his SF 86, indicating no intent to deceive.
Conditions Referenced
- E2.A7.1.1raisedExcessive Alcohol Consumption
- E2.A7.1.2.2raisedAlcohol-related Incidents Away From Work
- E2.A10.1.1raisedCriminal Conduct
- E2.A5.1.1raisedQuestionable Judgment, Untrustworthiness, Unreliability
- E2.A7.1.3.2appliedSeveral Events Occurred a Number of Years Ago and There Is No Current Problem
- E2.A7.1.3.3appliedPositive Changes in Behavior Supportive of Sobriety
- E2.A10.1.3.1appliedMost Recent Criminal Behavior Occurred Three Years Ago
- E2.A10.1.3.6appliedClear Evidence of Rehabilitation
- E2.A5.1.2.2rejectedOmission of Relevant and Material FactsThe applicant's failure to report earlier arrests was not intended to deceive.
Key Rule Quoted
“"The objective of the security clearance process is the fair-minded, commonsense assessment of a person's trustworthiness and fitness for access to classified information."”
Procedural Posture
- SOR issuedNov 4, 2005
- Answer filedDec 22, 2005
- Hearing heldMar 15, 2006
- Decision dateMay 25, 2006
Cite For
- Mitigation of Alcohol-related Offenses Under Guideline G
- Consideration of Age and Maturity in Assessing Past Conduct
- Evidence of Rehabilitation in Security Clearance Determinations