Alcohol-related issues are some of the most common concerns faced by federal employees and government contractors during security clearance investigations. Issues like public intoxication, DUIs, and Alcohol Use Disorder often raise security concerns under Adjudicative Guideline G: Alcohol Consumption of Security Executive Agent Directive (SEAD) 4. However, binge drinking is an often-overlooked risk that also falls under Guideline G and can easily lead to a security clearance denial or suspension.

What Constitutes Binge Drinking?

Both the CDC and the NIH define binge drinking as consuming 5 or more standard drinks (for men) or 4 or more standard drinks (for women) in a two-hour period. Binge drinking is not a diagnosable psychiatric condition like Alcohol Use Disorder, but individuals with alcohol-related disorders may be more susceptible to binge drinking than others. These definitions do not consider how different individuals may have varying levels of alcohol tolerance. For example, it is still considered binge drinking if a man consumes 7 standard drinks in two hours without feeling intoxicated.

Binge drinking is common in certain social settings and sometimes lacks the stigma associated with other alcohol-related behaviors. Some individuals mistakenly believe that binge drinking is not an issue if it is done infrequently and does not lead to legal or health-related consequences. However, binge drinking can have serious consequences for an individual’s eligibility to hold a security clearance, regardless of the frequency.

When Does Binge Drinking Raise Security Concerns?

Alcohol-related issues are addressed under Adjudicative Guideline G: Alcohol Consumption, which states that “excessive alcohol consumption often leads to the exercise of questionable judgment or the failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.”

The Government, especially a few federal agencies, consider binge drinking a high-risk behavior that suggests poor judgment and lack of self-control. Binge drinking on its own can raise a disqualifying security concern under Guideline G, regardless of whether the individual is diagnosed with Alcohol Use Disorder or has committed other alcohol-related misconduct. While a long-term pattern of habitual binge drinking is more likely to raise concerns than infrequent episodes of binge drinking, both types of behavior can implicate Guideline G.

Additionally, binge drinking incidents often implicate other SEAD 4 guidelines, potentially resulting in multiple security concerns. For example:

  • A government contractor who frequently binge drinks may develop Alcohol Use Disorder, raising security concerns under both Guideline G and Guideline I: Psychological Conditions.
  • A federal employee who infrequently binge drinks at social events may be arrested and charged with DUI while driving home, raising security concerns under both Guideline G and Guideline J: Criminal Conduct.
  • A clearance applicant who is embarrassed about their prior binge drinking may omit this information from their SF-86/e-QIP forms, raising security concerns under both Guideline G and Guideline E: Personal Conduct.

As binge drinking can easily result in the denial or revocation of a security clearance, it is critical to practice responsible alcohol habits to avoid potential security concerns under the SEAD 4 Adjudicative Guidelines.

Addressing Binge Drinking in a Security Clearance Response

When a Statement of Reasons (SOR) raises security concerns based on binge drinking related issues, it is important to properly address and respond to these concerns to avoid a clearance denial or revocation. A successful security clearance response to binge drinking related security concerns demonstrates that the applicant has taken responsibility for their misconduct, taken steps to correct these issues, and is highly unlikely to engage in binge drinking moving forward. A successful response varies from case to case but may involve the following:

1. Take Responsibility

Be fully forthcoming and take accountability for any binge drinking related security concerns. Denying or minimizing a known issue could raise additional concerns about an applicant’s trustworthiness and reduce the likeliness of a favorable adjudication.

2. Maintain Sobriety or Moderation

Fully abstain from alcohol or significantly moderate alcohol consumption for an extended period of time without relapse. Longer periods of sobriety or modified consumption, such as 12 months or more, provide for a stronger response.

3. Demonstrate Rehabilitation

Obtain professional alcohol treatment, attend counseling sessions, and make lifestyle changes that demonstrate a sincere effort to resolve any alcohol-related issues. The applicant should maintain records of these efforts, such as treatment certificates and meeting attendance logs, to submit as supporting evidence with their response.

4. Obtain a Professional Assessment

Undergo an evaluation with a professional psychiatrist, psychologist, or other medical expert. The expert should provide a written report documenting the applicant’s rehabilitation and any findings that any prior binge drinking behavior or alcohol-related issues have been resolved.

5. Expert Testimony at Hearing

If the clearance matter proceeds to a hearing, the evaluating medical professional might be brought in as an expert witness to testify on behalf of the applicant. They may also, alternatively, provide a written report. An expert witness bolsters the applicant’s response and can refute the testimony of any medical experts testifying on behalf of the government agency.

Security clearance cases involving binge drinking or Guideline G can vary greatly from one another, with different facts, circumstances, and evidence unique to each matter. The most successful responses come when the applicant is fully prepared and works with experienced experts, such as legal counsel and medical professionals, who can guide them through this complicated process.

Final Thoughts

Binge drinking can present a significant obstacle in the security clearance process and easily lead to a clearance denial or revocation. When facing this type of issue, it is highly recommended to work with an experienced security clearance attorney to address and successfully resolve any binge drinking related security concerns.

 

This article is intended as general information only and should not be construed as legal advice. Although the information is believed to be accurate as of the publication date, no guarantee or warranty is offered or implied. Laws, regulations, and government policies are always subject to change, and the information provided herein may not provide a complete or current analysis of the topic or other pertinent considerations. Consult an attorney regarding your specific situation.

Related News

John V. Berry is the founding partner of Berry & Berry, PLLC, and chair of the firm’s federal employment and security clearance practice. Berry has represented federal employees and security clearance holders for over 26 years. Berry also teaches other lawyers about federal employment and security clearance matters in continuing education classes with different state bar organizations. You can read more about Berry & Berry , PLLC at berrylegal.com.