Summary
A 36-year-old defense contractor was granted a security clearance despite a history of alcohol abuse, which was evaluated under Guideline G (Alcohol Consumption). The Statement of Reasons detailed several concerns, including consuming alcohol to excess from approximately 1977 until March 1997. Specific incidents included a January 1990 arrest and guilty plea for Driving Under the Influence with a Blood Alcohol Content of .08% or higher, and a second DUI arrest and guilty plea in June 1994.
Additionally, the applicant was terminated from an employer in May 1991 for reporting to work under the influence. In February 1997, a supervisor mistakenly believed they smelled alcohol on the applicant's breath at work. These issues raised disqualifying conditions G.1.a and G.1.b.
However, the judge found that the applicant had successfully rebutted these concerns by demonstrating significant rehabilitation. The applicant has abstained from alcohol since March 1997 and intends to remain sober. He actively participates in Alcoholics Anonymous, has moved from his previous city to avoid associations with alcohol consumption, and received positive testimony from witnesses regarding his sobriety. Mitigating conditions G.2.b and G.2.c were applied, leading to the decision to grant the security clearance.
Why the applicant prevailed
- The applicant has abstained from alcohol since March 1997 and has no intention of consuming it in the future.
- He actively participates in Alcoholics Anonymous and has moved away from environments associated with alcohol consumption.
- The applicant's witnesses provided positive testimony regarding his sobriety.
Conditions referenced
- G.1.araisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence
- G.1.braisedAlcohol-related Incidents at Work, Such as Reporting for Work or Duty in an Impaired Condition
- G.2.bappliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- G.2.cappliedPositive Changes in Behavior Supportive of Sobriety
Key rule quoted
“[e]ach clearance decision must be a fair and impartial common sense determination based upon consideration of all the relevant and material information and the pertinent criteria and adjudication policy in enclosure 2, including as appropriate: a. Nature and seriousness of the conduct and surrounding circumstances.”
Procedural posture
- SOR issuedOct 30, 1997
- Answer filedDec 5, 1997
- Hearing heldMar 11, 1998
- Decision dateMar 27, 1998
Cite for
- Mitigating Conditions for Alcohol Consumption Under Guideline G
- Evidence of Rehabilitation and Sustained Sobriety
- Impact of Positive Character References on Security Clearance Decisions