Active Duty Air Force E-8 Cleared from Alcohol Abuse Charges

WEST COAST – Active duty Air Force E-8 issued Letter of Intent (LOI) to revoke clearance based upon Guidelines E – Personal Conduct; G – Alcohol Consumption and J – Criminal Conduct due to Conviction for DUI on multiple occasions; failure to disclose all DUIs on the security clearance application; consumption of alcohol for many years to the point of passing out; issuance of bench warrant for failure to pay court imposed fine; court ordered alcohol treatment program; placement in detoxification program; failure to cease consuming alcohol; statement to OPM background investigator of the intent to continue drinking alcohol and failure to document statements regarding outpatient counseling/treatment. Upon review of Response to LOI documenting rehabilitation and change of behavior clearance was granted by the Air Force Central Adjudication Facility (AFCAF) with caution and conditions to continue demonstration of abstinence from consumption of alcohol; but without the necessity of a personal appearance before an Administrative Judge. Result FOR THE APPLICANT, clearance granted.

Category: Security Clearance Success Stories

Defense Contract Employee Cleared of DUIs and Intoxication Offenses

MIDDLE ATLANTIC – Employee of Defense Contractor issues Statement of Reasons based upon Guideline G – Excessive alcohol consumption as result of consuming alcohol at times to excess and to the point of intoxication over a 16 year period, Drinking in Public and two DUI convictions with corresponding punishments, license suspensions, probations, fines and alcohol treatment program. After presentation of case finding was FOR THE APPLICANT and clearance was retained.

Category: Security Clearance Success Stories

Reserve Officer Cleared From Foreign Alcohol Related Offense

ASIA – Reserve Officer selected for promotion to O-6 had promotion selection placed in abeyance pending resolution of Letter of Intent (LOI) to revoke Security Clearance and Sensitive Compartmented Information (SCI) access as result of following allegations involving Guidelines B – Foreign Influence, E – Personal Conduct, G – Alcohol Consumption; and J – Criminal Conduct contained in a Statement of Reasons (SOR): Employed and residing in a foreign nation for many years; possession of a permanent residence identification card for that foreign nation; charged with an alcohol related offense. Retained after the Central Adjudication Facility (CAF) has issued the letter of denial for both the clearance and SCI, we represented the officer at a personal appearance before and Administrative Judge from the Defense Office of Hearings and Appeals, resulting in a reversal by the Personnel Security Appeals Board (PSAB) of the CAF and reinstatement of the clearance and SCI access, which also cleared the way for the officer to be promoted to O-6.

Category: Security Clearance Success Stories

Alcohol Dependent Defense Contractor Cleared from DUI and Hit & Run

SOUTHEAST – Applicant employee of a defense contractor issued Statement of Reasons (SOR) for ten different allegations under Guideline G – Alcohol Consumption as a result of consuming alcohol in excess and to the point of intoxication for a number of years, DUI and failure to stop after an accident; counseling for alcohol abuse at a number of different facilities in different states over an approximate 7 year period; and diagnosis with a history of alcohol dependence. After presentation of the case, an Administrative Judge from the Defense Office of Hearings and Appeals, found FOR THE APPLICANT and the clearance

Category: Security Clearance Success Stories

Clearance Granted for Senior Airman on Excessive Use of Alcohol

MIDWEST – Senior Airman issued Letter of Denial of clearance based upon Guideline G – Alcohol Consumption due to eight different allegations related to criminal and disciplinary infractions as well as multiple additional incidents of excessive alcohol consumption. After presentation of the case at a Personal Appearance before an Administrative Judge, a favorable recommendation was issued and the Personnel Security Appeals Board (PSAB) at AFCAF found for the client and reinstated his clearance.

Category: Security Clearance Success Stories

Defense Contract Employee Cleared from Eight Years of Alcohol Abuse

SOUTHEAST – Defense Contractor employee issued Statement of Reasons (SOR) based upon Guideline G- Alcohol Consumption and E – Personal Conduct as a result of excessive alcohol consumption for an eight year period during which the Applicant five different alcohol related driving incidents, an additional Reckless Driving to Endanger charge and falsification of material information on his SF-86. After hearing the case the Administrative Judge found FOR THE APPLICANT and granted his clearance. The government then appealed the decision to the DOHA APPEAL BOARD, which affirmed the decision of the Hearing Judge and granted the Applicant his clearance.

Category: Security Clearance Success Stories

Air Force O-4 Cleared from Inappropriate Touching While Intoxicated

WEST COAST – Air Force O-4 given an Article 15 for inappropriately touching an enlisted member while intoxicated. Approximately a year later, the officer was given a 2nd Article 15 for another alcohol-related incident, and a Letter of Reprimand for failing to disclose the 2nd incident during his Top Secret clearance periodic review. Based upon these incidents, our client was issued a Letter of Intent to Revoke his Security Clearance under Adjudicative Guidelines:  J – Criminal Conduct, G – Alcohol Consumption, and E – Personal Conduct, and his command began preparations for a subsequent administrative discharge action. Upon being retained, JAG Defense prepared a compelling response package to the Letter of Intent, which successfully mitigated all concerns. Result: Client retained Top Secret clearance and command has ceased all discharge processing.

Category: Security Clearance Success Stories

Dept. of Energy Employee Cleared of Alcohol Abuse and Four DUI Charges

SOUTHEAST – A civilian employee for the Department of Energy (DOE) was denied for a Q-clearance based upon an extensive history of alcohol abuse, which included 4 DUIs. During his security clearance interview with a DOE psychologist, our client admitted to continued social drinking. Following the advice of the DOE psychologist, the DOE denied our client his Q-clearance, leading him to retain the services of JAG Defense. Our attorneys put together an extensive response package demonstrating our client’s rehabilitation, including a second opinion from a psychologist specializing in addictions. At his personal appearance, we presented testimony from numerous witnesses about our client’s lifestyle changes, and argued that he was successfully rehabilitated. Result: Over the continuing objection of the DOE psychologist, our client was granted his Q-clearance by the hearing officer.

Category: Security Clearance Success Stories

Dept.of Air Force Employee Cleared of Prior Drug & Alcohol Abuse

SOUTHEAST – A civilian employee for the Department of the Air Force received an inquiry from the USAF Central Adjudication Facility (AFCAF) via the employee’s security office that preliminary concerns had been raised under Adjudicative Guidelines: E – Personal Conduct, G – Alcohol Consumption,  H – Drug Involvement regarding significant failures to disclose previous drug involvement, alcohol consumption and alcohol-related incidents, criminal conduct, and treatment programs entered, why enrolled, completion dates and prognosis. Working with the client to ensure that ALL concerns related to previous integrity issues were fully disclosed and addressed, as well as detailing all alcohol and drug related incidents as well as a favorable prognosis, we were able to successfully retain the clearance for the client and avoid even the issuance of a Letter of Intent (LOI) and Statement of Reasons (SOR).

Category: Security Clearance Success Stories

Defense Contract Employee Granted Clearance Twelve Alcohol Incidents

WEST – Applicant Defense Contractor received Statement of Reasons (SOR) detailing twelve different Guideline G – Alcohol Consumption – alcohol-related events to include multiple vehicular incidents, accidents, DUIs, and treatment/counseling program participation. After presentation of the case, the Administrative Judge found FOR THE APPLICANT and the clearance was approved.

Category: Security Clearance Success Stories