ISCR Case 18-01639

Case Headnote

ISCR Case No. 18-01639

deniedDec 9, 2019· Hon. Richard A. Cefola· hearing

Summary

A 38-year-old defense contractor employee was denied a security clearance due to concerns primarily under Guideline G (Alcohol Consumption), despite favorable findings under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology). The denial stemmed from a documented history of alcohol-related incidents that raised significant questions about his reliability and trustworthiness.

The applicant admitted to being cited for possession of alcohol by a minor in 1999. In August 2005, he was charged with a DUI, which was dismissed as part of a plea bargain requiring him to join the U.S. Air Force and complete basic training without incident. A second DUI resulted in non-judicial punishment in October 2015, leading to mandatory outpatient counseling. Following a relapse in December 2015, the applicant self-referred back to treatment and was diagnosed as an alcohol abuser. He last consumed alcohol to the point of intoxication in June 2019, approximately two months before his hearing.

Additionally, while in the Air Force, the applicant intentionally misused his administrative access to a U.S. Government computer account to log into his then-wife’s personal storage files on two to three occasions between December 2015 and February 2016. Despite mitigating conditions being applied, the judge ultimately denied the clearance, citing the applicant's history of alcohol-related incidents and recent intoxication as primary concerns regarding his judgment and reliability.

Why the Applicant Prevailed

The applicant's misuse of information technology occurred under unusual circumstances and was self-reported.
The applicant received favorable findings under Guidelines M and E, supported by character references and the endorsement of his former spouse.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 22(d)raisedDiagnosis of Alcohol Use Disorder

Mitigating

AG ¶ 23(a)rejectedBehavior Unlikely to RecurThe applicant's recent alcohol consumption undermined claims of unlikely recurrence.
AG ¶ 23(b)rejectedAcknowledgment of Alcohol Use and Actions TakenThe applicant's relapse and recent intoxication did not demonstrate a clear pattern of modified consumption.
AG ¶ 23(d)rejectedSuccessful Completion of Treatment ProgramThe applicant's recent behavior indicated ongoing issues with alcohol.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedDec 17, 2018
Answer filedJan 22, 2019
Hearing heldAug 6, 2019originally scheduled for 2019-08-06, hearing convened as scheduled.
Decision dateDec 9, 2019

Cite For

Evaluation of Alcohol-related Incidents Under Guideline G
Consideration of Unusual Circumstances in Personal Conduct Cases
Impact of Recent Behavior on Security Clearance Eligibility

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
3.a	Applicant admits that he was cited in 1999 for possession of alcohol by a minor.	Against Applicant	Underage Drinking	Admitted	—	—	—
3.b	Applicant admits that in August of 2005, he was charged with a DUI. The charges were later dismissed in accordance with a plea bargain, which included Applicant’s agreement to join the U.S. Air Force and graduate from basic training without further incident.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
3.c	As noted above, in October of 2015, Applicant received non-judicial punishment for a second DUI.	Against Applicant	DUI or DWI Alcohol	Unknown	—	—	—
3.d	As a result, Applicant attended 3~5 mandatory out-patient Alcohol and Drug Abuse Prevention and Treatment (ADAPT) counseling/treatment sessions from October to November of 2015.	Against Applicant	Treatment Non Compliance	Unknown	—	—	—
3.e	However, as the result of a relapse in December of 2015, Applicant self-referred himself back to ADAPT, where he was diagnosed as an alcohol abuser.	Against Applicant	Alcohol Use Disorder Diagnosed	Unknown	—	—	—
3.f	Applicant last consumed alcohol to the point of intoxication in June of 2019, about two months prior to his hearing.	Against Applicant	Binge or Intoxication Pattern	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

Applicant admits that he was cited in 1999 for possession of alcohol by a minor.

Against Applicant

Underage Drinking

Admitted

—

3.b

Applicant admits that in August of 2005, he was charged with a DUI. The charges were later dismissed in accordance with a plea bargain, which included Applicant’s agreement to join the U.S. Air Force and graduate from basic training without further incident.

Against Applicant

DUI or DWI Alcohol

Admitted

—

3.c

As noted above, in October of 2015, Applicant received non-judicial punishment for a second DUI.

Against Applicant

DUI or DWI Alcohol

Unknown

—

3.d

As a result, Applicant attended 3~5 mandatory out-patient Alcohol and Drug Abuse Prevention and Treatment (ADAPT) counseling/treatment sessions from October to November of 2015.

Against Applicant

Treatment Non Compliance

Unknown

—

3.e

However, as the result of a relapse in December of 2015, Applicant self-referred himself back to ADAPT, where he was diagnosed as an alcohol abuser.

Against Applicant

Alcohol Use Disorder Diagnosed

Unknown

—

3.f

Applicant last consumed alcohol to the point of intoxication in June of 2019, about two months prior to his hearing.

Against Applicant

Binge or Intoxication Pattern

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶40)	Mitigating applied (¶41)	Mitigation
1.a	Applicant, while a member of the U.S. Air Force, intentionally misused his administrative rights access to a U.S. Government administrative computer account to log into his then wife’s personal storage files, on two to three occasions, from about December of 2015 to February of 2016.	For Applicant	Unauthorized Use of System	Admitted	—	—	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶40)

Mitigating applied (¶41)

Mitigation

1.a

Applicant, while a member of the U.S. Air Force, intentionally misused his administrative rights access to a U.S. Government administrative computer account to log into his then wife’s personal storage files, on two to three occasions, from about December of 2015 to February of 2016.

For Applicant

Unauthorized Use of System

Admitted

—

Claimed

Other

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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