ISCR Case 17-01496

Case Headnote

ISCR Case No. 17-01496

grantedDec 26, 2018· Hon. Stephanie C. Hess· hearing

Summary

A 48-year-old avionics supervisor and U.S. Navy veteran was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). These concerns stemmed from a history of alcohol-related arrests between 1991/1992 and February 2016.

Specifically, the applicant faced five arrests for driving under the influence (DUI). In February 2006, he was arrested for DUI, speeding, no insurance, and no seatbelt, with the DUI charge later reduced and dismissed. In December 2010, he was arrested for DUI and speeding, with the DUI charge dismissed. January 2015 saw another arrest for DUI and speeding on an Army base, which was later dismissed. In December 2015, he was arrested for DUI, speeding, illegal lane change, no insurance, and no registration, with all charges except speeding eventually dismissed. His final DUI arrest occurred in February 2016, leading to a plea of no contest to reckless driving, 12 months’ probation, alcohol awareness classes, and community service, all successfully completed by June 2017.

Following his last arrest, the applicant self-referred to the Army Substance Abuse Program in February 2016, where he was diagnosed with Alcohol Use Disorder (Moderate). He successfully completed outpatient treatment, including Alcoholics Anonymous meetings, and has maintained abstinence from alcohol since February 2016. His demonstrated rehabilitation and commitment to sobriety led to the granting of his security clearance.

Why the Applicant Prevailed

The applicant successfully completed an alcohol treatment program and has maintained abstinence since February 2016.
He demonstrated a commitment to sobriety by regularly attending Alcoholics Anonymous meetings.
The applicant's past conduct does not cast doubt on his current reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(d)raisedDiagnosis of Alcohol Use Disorder
AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Mitigating

AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Actions Taken to Overcome It
AG ¶ 23(d)appliedSuccessful Completion of a Treatment Program
AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant’s meeting the criteria contained in the AG.”

Procedural Posture

SOR issuedJun 19, 2017
Answer filedAug 1, 2017
Hearing heldJun 5, 2018
Decision dateDec 26, 2018

Cite For

Successful Rehabilitation and Abstinence From Alcohol Under Guideline G
Mitigation of Criminal Conduct Concerns Under Guideline J
Whole-person Analysis in Security Clearance Determinations

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

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant consumed alcohol to the point of intoxication from about 1991/1992 to at least January 2016, resulting in five arrests for driving under the influence of alcohol (DUI).	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(b) acknowledges the pattern and has established modified use or abstinence (d) completed treatment and aftercare with established abstinence/modified use	Documented Abstinence Period Documented Documented Substance Treatment Completed
1.b	In February 2006, Applicant had been drinking and was pulled over for speeding. (Tr. 40.) At the stop, Applicant refused to perform field sobriety tests or take a breathalyzer at the officer’s direction, but instead requested a blood test. He was arrested for DUI, speeding, no insurance, and no seatbelt. The DUI charge was reduced to reckless driving and ultimately dismissed.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.c	In December 2010, Applicant was pulled over for speeding. The officer asked Applicant if he had been drinking, Applicant denied that he had been, and refused a breathalyzer. He was arrested and charged with DUI and speeding. Ultimately, the DUI charge was dismissed, the related court costs were waived, and Applicant paid a fine for speeding.	For Applicant	DUI or DWI Alcohol	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.d	In January 2015, Applicant was pulled over on an Army base for speeding. The officer stated in his report that Applicant smelled strongly of alcohol. However, Applicant has consistently stated that he had not been drinking. (Answer; Tr. 31; Tr. 41; Tr. 46.) Applicant refused a breathalyzer, and was arrested for DUI and speeding. He was detained for approximately 14 hours, then released. The DUI charge was later dismissed and Applicant paid a $10 fine for speeding.	For Applicant	DUI or DWI Alcohol	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.e	In December 2015, Applicant was pulled over for speeding while on the way to the hospital to visit his girlfriend. After the stop, the officer stated that he had seen Applicant throw drugs from the vehicle. Applicant denied this and demanded to see the footage from the officer’s dashboard mounted camera. The officer refused. Applicant was arrested and charged with DUI, speeding, illegal lane change, no insurance, and no registration. Applicant denies that he consumed any alcohol prior to the arrest. At Applicant’s fourth court appearance, the officer was not present and Applicant’s attorney stated that all charges would be suspended and later dismissed if Applicant pled guilty and completed a pre-trial diversion program and paid a $3,600 fine. Applicant did not enter the agreement, but instead, requested a jury trial. At the pretrial conference, all charges except for the speeding were dismissed. (Answer.)	For Applicant	DUI or DWI Alcohol	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.f	In February 2016, Applicant was in a rental car in a friend’s driveway. He had been drinking the night before and there was an empty cup in the car which had contained a non-alcoholic daiquiri. His friend noticed the vehicle, which she did not recognize, and called the police. The police arrived, and after speaking with Applicant and noting the apparent open container, asked Applicant to take a breathalyzer. Applicant refused and was arrested for DUI. Applicant pled no contest to reckless driving and was sentenced to 12 months’ probation, which required Applicant to abstain from alcohol use, attend alcohol awareness classes with random urinalysis, and complete 50 hours of community service. Applicant successfully completed the requirements and was released from probation in June 2017. (Answer.)	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	Documented Substance Treatment Completed
1.g	Three days after his last DUI arrest in February 2016, Applicant self-referred to the Army Substance Abuse Program (ASAP). He was evaluated by a counselor who stated that Applicant met the criteria for Alcohol Use Disorder (Moderate). He was assessed as not needing medical detoxification or inpatient treatment. Applicant entered outpatient treatment and counseling and “met his treatment goal of establishing and maintaining abstinence while increasing his knowledge about the disease of addiction in the process of recovery.” He successfully completed the treatment requirements which included attending Alcohol Anonymous (AA) meetings, and, in May 2016, received a fair to good prognosis. (Answer.)	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	(b) acknowledges the pattern and has established modified use or abstinence (d) completed treatment and aftercare with established abstinence/modified use	Documented Substance Treatment Completed Documented Abstinence Period Documented

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant consumed alcohol to the point of intoxication from about 1991/1992 to at least January 2016, resulting in five arrests for driving under the influence of alcohol (DUI).

For Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(b) acknowledges the pattern and has established modified use or abstinence

(d) completed treatment and aftercare with established abstinence/modified use

Documented

Abstinence Period Documented

Documented

Substance Treatment Completed

1.b

In February 2006, Applicant had been drinking and was pulled over for speeding. (Tr. 40.) At the stop, Applicant refused to perform field sobriety tests or take a breathalyzer at the officer’s direction, but instead requested a blood test. He was arrested for DUI, speeding, no insurance, and no seatbelt. The DUI charge was reduced to reckless driving and ultimately dismissed.

For Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

1.c

In December 2010, Applicant was pulled over for speeding. The officer asked Applicant if he had been drinking, Applicant denied that he had been, and refused a breathalyzer. He was arrested and charged with DUI and speeding. Ultimately, the DUI charge was dismissed, the related court costs were waived, and Applicant paid a fine for speeding.

For Applicant

DUI or DWI Alcohol

Denied

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

1.d

In January 2015, Applicant was pulled over on an Army base for speeding. The officer stated in his report that Applicant smelled strongly of alcohol. However, Applicant has consistently stated that he had not been drinking. (Answer; Tr. 31; Tr. 41; Tr. 46.) Applicant refused a breathalyzer, and was arrested for DUI and speeding. He was detained for approximately 14 hours, then released. The DUI charge was later dismissed and Applicant paid a $10 fine for speeding.

For Applicant

DUI or DWI Alcohol

Denied

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

1.e

In December 2015, Applicant was pulled over for speeding while on the way to the hospital to visit his girlfriend. After the stop, the officer stated that he had seen Applicant throw drugs from the vehicle. Applicant denied this and demanded to see the footage from the officer’s dashboard mounted camera. The officer refused. Applicant was arrested and charged with DUI, speeding, illegal lane change, no insurance, and no registration. Applicant denies that he consumed any alcohol prior to the arrest. At Applicant’s fourth court appearance, the officer was not present and Applicant’s attorney stated that all charges would be suspended and later dismissed if Applicant pled guilty and completed a pre-trial diversion program and paid a $3,600 fine. Applicant did not enter the agreement, but instead, requested a jury trial. At the pretrial conference, all charges except for the speeding were dismissed. (Answer.)

For Applicant

DUI or DWI Alcohol

Denied

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

1.f

In February 2016, Applicant was in a rental car in a friend’s driveway. He had been drinking the night before and there was an empty cup in the car which had contained a non-alcoholic daiquiri. His friend noticed the vehicle, which she did not recognize, and called the police. The police arrived, and after speaking with Applicant and noting the apparent open container, asked Applicant to take a breathalyzer. Applicant refused and was arrested for DUI. Applicant pled no contest to reckless driving and was sentenced to 12 months’ probation, which required Applicant to abstain from alcohol use, attend alcohol awareness classes with random urinalysis, and complete 50 hours of community service. Applicant successfully completed the requirements and was released from probation in June 2017. (Answer.)

For Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

Documented

Substance Treatment Completed

1.g

Three days after his last DUI arrest in February 2016, Applicant self-referred to the Army Substance Abuse Program (ASAP). He was evaluated by a counselor who stated that Applicant met the criteria for Alcohol Use Disorder (Moderate). He was assessed as not needing medical detoxification or inpatient treatment. Applicant entered outpatient treatment and counseling and “met his treatment goal of establishing and maintaining abstinence while increasing his knowledge about the disease of addiction in the process of recovery.” He successfully completed the treatment requirements which included attending Alcohol Anonymous (AA) meetings, and, in May 2016, received a fair to good prognosis. (Answer.)

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

(d) diagnosis of alcohol use disorder by a qualified professional

(b) acknowledges the pattern and has established modified use or abstinence

(d) completed treatment and aftercare with established abstinence/modified use

Documented

Substance Treatment Completed

Documented

Abstinence Period Documented

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The alcohol-related arrests raised security concerns under Guideline J.	For Applicant	DUI or DWI Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	(b) pressured/coerced and unlikely to recur absent that pressure (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented Abstinence Period Documented Documented Substance Treatment Completed

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

The alcohol-related arrests raised security concerns under Guideline J.

For Applicant

DUI or DWI Criminal

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) pressured/coerced and unlikely to recur absent that pressure

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

Abstinence Period Documented

Documented

Substance Treatment Completed

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION