ISCR Case 18-00686

Case Headnote

ISCR Case No. 18-00686

grantedFeb 26, 2019· Hon. Gregg A. Cervi· hearing

Summary

A 40-year-old software engineer was granted a security clearance despite concerns under Guidelines G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The Statement of Reasons detailed a history of excessive alcohol consumption, including a brief relapse in 2017 after initial treatment, and a 1997 DWI conviction with a minor in the vehicle, alongside two underage alcohol possession charges from the same year.

Additionally, the applicant used marijuana from 1993 to at least 2015, including while holding a security clearance in 2015. The applicant also misused two prescription medications from September to October 2011, also while holding a security clearance.

The administrative judge granted the clearance, finding that the applicant had successfully completed alcohol dependence treatment and maintained sobriety since 2015, with the exception of the 2017 relapse. The applicant demonstrated a commitment to recovery through ongoing participation in Alcoholics Anonymous and counseling, supported by a strong network and positive work performance. These factors led the judge to a favorable assessment of the applicant's reliability and trustworthiness.

Why the Applicant Prevailed

The applicant successfully completed treatment for alcohol dependence and maintained sobriety since 2015, with only a brief relapse in 2017.
The applicant provided evidence of ongoing participation in Alcoholics Anonymous and counseling, demonstrating a commitment to recovery.
The applicant's strong support network and positive work performance contributed to the judge's favorable assessment of her reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 22(d)raisedDiagnosis of Alcohol Use Disorder
AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(f)raisedIllegal Drug Use While Holding a Security Clearance
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Mitigating

AG ¶ 23(a)appliedTime Passed Since Behavior
AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Actions Taken
AG ¶ 23(c)appliedParticipation in Counseling or Treatment Program
AG ¶ 23(d)appliedSuccessful Completion of Treatment Program
AG ¶ 26(a)appliedBehavior Happened Long Ago or Infrequently
AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Actions Taken
AG ¶ 26(c)appliedAbuse of Prescription Drugs After Severe Illness
AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
— ISCR Case No. 01-20700 at 3 (App. Bd. Dec. 19, 2002)

Procedural Posture

SOR issuedMar 21, 2018
Answer filedApr 16, 2018
Hearing heldAug 29, 2018
Decision dateFeb 26, 2019

Cite For

Mitigation of Alcohol-related Security Concerns Under Guideline G
Mitigation of Drug Involvement Under Guideline H
Successful Rehabilitation From Criminal Conduct Under Guideline J

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 has a history of excessive alcohol consumption, including after treatment.	For Applicant	Continued Use After Treatment	Denied with Explanation	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (f) alcohol consumption after a diagnosis, contrary to treatment	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence	—
1.b–1.f	5 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant has a history of excessive alcohol consumption, including after treatment.

For Applicant

Continued Use After Treatment

Denied with Explanation

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

(c) habitual or binge consumption to the point of impaired judgment

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

(f) alcohol consumption after a diagnosis, contrary to treatment

(a) so much time has passed / so infrequent that it is unlikely to recur

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

—

1.b–1.f

5 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)

For Applicant

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant used marijuana from 1993 to at least 2015, including while holding a security clearance in 2015, and misused two prescription medications from September to October 2011, while holding a security clearance.	For Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence (c) prescription abuse followed a prolonged illness and has since ended	Claimed Acknowledgment and Remorse Claimed Rehabilitation Evidence
2.b–2.c	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

Applicant used marijuana from 1993 to at least 2015, including while holding a security clearance in 2015, and misused two prescription medications from September to October 2011, while holding a security clearance.

For Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

—

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

(c) prescription abuse followed a prolonged illness and has since ended

Claimed

Acknowledgment and Remorse

Claimed

Rehabilitation Evidence

2.b–2.c

2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)

For Applicant

Unspecified Drug Involvement

Unspecified

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant was charged with alcohol-related offenses including: two charges in 1997 for underage possession of alcohol, and driving while intoxicated (DWI) with a minor under 15 years old.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

Applicant was charged with alcohol-related offenses including: two charges in 1997 for underage possession of alcohol, and driving while intoxicated (DWI) with a minor under 15 years old.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

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

—

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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