Summary
This case concerns a 32-year-old engineer with a Secret security clearance seeking an upgrade to Top Secret, despite a history of alcohol-related incidents. The Statement of Reasons detailed multiple arrests for operating under the influence between 1982 and 1995, including a juvenile charge and subsequent offenses. It also noted a diagnosis of alcohol abuse, a failure to follow program recommendations in 1990, and a resumption of drinking after treatment in 1993. Concerns were raised under Guideline G (Alcohol Consumption) and Guideline H (Drug Involvement), specifically Disqualifying Conditions G.1 and G.4.
However, the judge found significant mitigating factors. The applicant demonstrated a strong commitment to sobriety, including consistent participation in outpatient counseling and Alcoholics Anonymous. Crucially, he maintained complete abstinence from alcohol since May 1996.
The judge concluded that the applicant's current behavior and sustained sobriety effectively mitigated the security concerns arising from his past alcohol abuse, applying Mitigating Condition G.3. The applicant's reliable and productive work performance, along with maintaining a Secret clearance for over six and a half years without incident, further supported the decision. Consequently, the security clearance was GRANTED.
Why the applicant prevailed
- The applicant demonstrated a commitment to sobriety through ongoing counseling and participation in Alcoholics Anonymous.
- He maintained abstinence from alcohol since May 1996, showing positive changes in behavior supportive of sobriety.
- The applicant's work performance remained reliable and productive despite his past alcohol-related incidents.
Conditions referenced
- G.1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence, Fighting, or Other Criminal Incidents Related to Alcohol Use
- G.4raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- G.3appliedPositive Changes in Behavior Supportive of Sobriety
Key rule quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural posture
- SOR issuedJun 7, 1996
- Answer filedJul 3, 1996
- Hearing heldSep 26, 1996
- Decision dateNov 12, 1996
Cite for
- Mitigation of Alcohol-related Security Concerns Through Demonstrated Rehabilitation Efforts
- The Importance of Ongoing Commitment to Sobriety in Security Clearance Determinations
- The Impact of Past Alcohol-related Incidents on Current Security Clearance Eligibility.