Summary
A 21-year-old single mother working for a defense contractor was granted a security clearance for an ADP I/II/III position despite concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct).
The Statement of Reasons alleged the applicant consumed alcohol to the point of intoxication from 2002-2004 and was arrested in November 2002 for open intoxicants in a motor vehicle, resulting in a $225 fine. In May 2004, she was arrested for underage drinking, violating the absolute sobriety law, and possession of drug paraphernalia, and was also cited for disorderly conduct. Additionally, DOHA alleged the applicant deliberately falsified her answer to question 20 on her QPTP by failing to list all offenses from her May 2004 arrest, which was considered a violation of 18 U.S.C. § 1001. The applicant admitted to all allegations, providing an explanation for the May 2004 arrest.
The judge found that the applicant had demonstrated significant personal growth and maturity, had not engaged in problematic behavior for over two years, and successfully completed an alcohol awareness program, mitigating her alcohol consumption. These factors led to the decision to grant her security clearance.
Why the Applicant Prevailed
- The applicant demonstrated significant personal growth and maturity since her past offenses.
- She has not engaged in any criminal conduct for over two years.
- The applicant successfully completed an alcohol awareness program and mitigated her alcohol consumption.
Conditions Referenced
- DC 1raisedAlcohol-related Incidents Away From Work
- DC 2raisedHabitual or Binge Consumption of Alcohol
- DC 1raisedCriminal Conduct
- DC 2raisedSingle Serious Crime or Multiple Lesser Offenses
- MC 1rejectedEstablishing That the Alcohol Incidents Do Not Indicate a Pattern
- MC 2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- MC 3appliedPositive Changes Supportive of Sobriety
- MC 4notedSuccessful Completion of Rehabilitation and Aftercare Requirements
- MC 1appliedCriminal Behavior Was Not Recent
- MC 2appliedThe Crime Was an Isolated Incident
- MC 6appliedClear Evidence of Successful Rehabilitation
Key Rule Quoted
“"The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person's loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security."”
Procedural Posture
- SOR issuedMay 16, 2006
- Answer filedMay 24, 2006Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateJan 16, 2007
Cite For
- Mitigation of Alcohol Consumption Under Guideline G
- Personal Conduct Considerations Under Guideline E
- Criminal Conduct Evaluation Under Guideline J