CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case USAF-C Case No. 23-00001-R — CASE

Case record

ISCR Case USAF-C Case No. 23-00001-R

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date5/31/2023
Statusunknown
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Moira D. Modzelewski, James F. Duffy
Government Counsel: James B. Norman
Case Summary
The applicant in this case was a military veteran in his late forties who had a history of alcohol-related incidents and criminal conduct, specifically under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons (SOR) outlined multiple Driving While Intoxicated (DWI) convictions, verbal altercations with his spouse while under the influence, and a diagnosis of alcohol use disorder. The applicant admitted to a pattern of alcohol consumption and acknowledged his past issues but contended that he had made efforts to address his alcohol use through counseling and treatment.
The administrative judge found that the applicant had not demonstrated a clear pattern of abstinence from alcohol, as he consumed alcohol as recently as November 2022, despite recommendations to abstain following treatment. The judge noted the applicant's long history of alcohol-related incidents, including four DWI convictions, and concluded that the applicant had not shown that his behavior was infrequent or unlikely to recur. Consequently, the judge ruled against the applicant's request for a security clearance, citing insufficient evidence of rehabilitation and ongoing concerns regarding his reliability and judgment.
On appeal, the applicant argued that the judge had misapplied the mitigating conditions and failed to consider all relevant evidence, particularly regarding his treatment and progress. The appeal board agreed, noting that the judge's findings about the applicant's failure to follow treatment recommendations were not alleged in the SOR and raised due-process concerns. The board remanded the case for further consideration, emphasizing the need for a satisfactory explanation of the judge's conclusions in light of the ambiguous evidence presented.
Guidelines Evaluated
- Guideline GAlcohol Consumption · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
Finding similar decisions…

Case Headnote

ISCR Case No. USAF-C Case No. 23-00001-R

unknownMay 31, 2023· Hon. Moira D. Modzelewski· hearing

Summary

This case involves an applicant in his late forties with a history of alcohol-related incidents and multiple DWI convictions, raising concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). Disqualifying conditions cited included AG ¶ 22(d), AG ¶ 22(e), and AG ¶ 22(f).

The applicant had a long history of alcohol-related incidents, including four DWI convictions. The judge found that the applicant did not follow treatment recommendations regarding alcohol consumption, and his recent alcohol consumption indicated a lack of a clear pattern of abstinence.

Ultimately, the appeal board found that the judge failed to properly consider evidence and misapplied mitigating conditions. Consequently, the case was remanded for a new hearing, and no final security clearance outcome was reached.

Why the Applicant Was Denied

The applicant had a long history of alcohol-related incidents, including four DWI convictions.
The judge found that the applicant did not follow treatment recommendations regarding alcohol consumption.
The applicant's recent alcohol consumption indicated a lack of a clear pattern of abstinence.

Conditions Referenced

Disqualifying

AG ¶ 22(d)appliedDiagnosis of Alcohol Use Disorder by Duly Qualified Professional
AG ¶ 22(e)appliedFailure to Follow Treatment Advice Once Diagnosed
AG ¶ 22(f)appliedAlcohol Consumption Not in Accordance with Treatment Recommendations After a Diagnosis of Alcohol Use Disorder

Key Rule Quoted

“A fair reading of the Judge’s decision shows that it is based significantly on unalleged conduct and circumstances.”

Procedural Posture

SOR issuedFeb 1, 2022
Answer filedMay 9, 2022
Hearing heldMar 14, 2023
Decision dateMay 31, 2023Decision remanded for a new hearing.

Cite For

Failure to Follow Treatment Recommendations Under Guideline G
Pattern of Alcohol-related Incidents Impacting Security Clearance
Due Process Concerns Regarding Unalleged Conduct in Security Clearance Cases

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.