Summary
A 45-year-old mechanic, employed by a defense contractor since 1980, was granted a security clearance despite a history of alcohol-related criminal conduct. The Statement of Reasons raised concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct), specifically citing multiple DUIs and the applicant's failure to report alcohol and drug charges from 1984 and 1985 on his security clearance application.
Disqualifying conditions were noted, including those related to personal conduct and alcohol consumption. However, the judge applied several mitigating conditions. The applicant ceased drinking in 2001 and has maintained sobriety since then, demonstrating successful rehabilitation.
The judge determined that the applicant did not deliberately falsify his security clearance application, but rather made a good-faith effort to provide accurate information. Additionally, credible character witnesses attested to his professionalism and reliability at work. Based on these factors, the concerns related to criminal conduct, alcohol consumption, and personal conduct were mitigated, and the security clearance was granted.
Why the Applicant Prevailed
- The applicant has been sober since 2001, demonstrating successful rehabilitation.
- He did not deliberately falsify his security clearance application, making a good-faith effort to provide accurate information.
- The applicant presented credible character witnesses who attested to his professionalism and reliability at work.
Conditions Referenced
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence
- E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
- E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation
- 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 Supportive of Sobriety
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedApr 19, 2006
- Answer filedMay 2, 2006Requested an in-person hearing.
- Hearing heldOct 26, 2006Conducted as scheduled.
- Decision dateDec 28, 2006
Cite For
- Successful Rehabilitation After a History of Alcohol-related Offenses
- Good-faith Effort in Completing Security Clearance Applications
- Credibility of Character Witnesses in Mitigating Security Concerns