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ISCR Case 18-02526 — CASE

Case record

ISCR Case 18-02526

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

Case Profile
Decision Date9/17/2019
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Related decisionSee the appeal decision (Case 18-02526.a1) →
Participants
Applicant Representation: Pro Se
Judge: Noreen A. Lynch
Government Counsel: Andrea M. Corrales
Case Summary
The applicant in this case was a 37-year-old senior consultant who had been employed in that position since 2014. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline G (Alcohol Consumption) due to three alcohol-related incidents, including two driving under the influence (DUI) charges in 2004 and 2017. The applicant admitted to the allegations in the SOR, acknowledging his past poor judgment regarding alcohol consumption.
Key facts included the applicant's completion of various alcohol treatment programs and his commitment to sobriety since 2017. He accepted responsibility for his actions, expressed remorse, and demonstrated significant behavioral changes, including attending Alcoholics Anonymous (AA) meetings and refraining from alcohol consumption. Testimony from a witness, who was a managing partner at the applicant's company, supported his reliability and trustworthiness, noting that the applicant had not been observed drinking in social settings.
The administrative judge ruled in favor of the applicant, concluding that the security concerns related to alcohol consumption were mitigated. The judge found the applicant credible, noted his successful completion of treatment programs, and recognized his commitment to maintaining sobriety. The decision emphasized that the applicant's past conduct was unlikely to recur, and it was consistent with national interest to grant him a security clearance.
Guidelines Evaluated
- Guideline GAlcohol Consumption · For Applicant
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Case Headnote

ISCR Case No. 18-02526

grantedSep 17, 2019· Hon. Noreen A. Lynch· hearing

Summary

A 37-year-old senior consultant was granted a security clearance despite concerns under Guideline G (Alcohol Consumption). The applicant's Statement of Reasons detailed multiple alcohol-related incidents, including a DWI arrest in August 2017, a DUI arrest in December 2004, and a charge for consuming alcohol while operating a motor vehicle in March 2000. These incidents raised disqualifying conditions under AG ¶ 22(a) and AG ¶ 22(c).

However, the administrative judge found that significant mitigating conditions, specifically AG ¶ 23(b) and AG ¶ 23(d), were applicable. The applicant admitted to the allegations and demonstrated substantial rehabilitation. He successfully completed multiple alcohol treatment programs and maintained compliance with all treatment recommendations.

Crucially, the applicant established a clear and consistent pattern of abstinence from alcohol since 2017. His employer also provided strong support, attesting to his reliability and trustworthiness. Based on these factors, the judge determined that the security concerns were mitigated, and the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated a clear and established pattern of abstinence from alcohol since 2017.
He successfully completed multiple alcohol treatment programs and maintained compliance with treatment recommendations.
The applicant received strong support from his employer, who attested to his reliability and trustworthiness.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Evidence of Actions Taken to Overcome It
AG ¶ 23(d)appliedSuccessful Completion of a Treatment Program

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 16, 2018
Answer filedNov 27, 2018
Hearing heldAug 22, 2019
Decision dateSep 17, 2019

Cite For

Mitigation of Alcohol-related Security Concerns Under Guideline G
Importance of Rehabilitation Efforts in Security Clearance Cases
Support From Employers as a Mitigating Factor in Alcohol-related Incidents

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

Standardized Decision Profile

SEAD-4 Guideline G (Alcohol Consumption) · descriptive summary of a decided case

Posture: HearingDecided: grantedAUD DIAGNOSEDTREATMENT COMPLETED · FAVORABLE

The judge found that the applicant's past alcohol-related incidents, including multiple DWI arrests, raised security concerns under Guideline G. However, the applicant successfully mitigated these concerns by demonstrating acceptance of responsibility, completion of an alcohol intervention program, and a commitment to abstinence. The decision was granted, indicating that the applicant's current reliability was not in doubt.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	In August 2017, Applicant was arrested and charged with DWI, driving on a highway at speed exceeding the limit, DWI, and driving or attempting to drive a vehicle while under the influence of alcohol, per se.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.b	In December 2004, Applicant was arrested and charged with driving while under the influence (DUI), driving a vehicle while impaired by alcohol, driving a vehicle on a highway at speed exceeding the limit and driving while under the influence per se DWI.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.c	In March 2000, Applicant was charged with consuming an alcoholic beverage while operating a motor vehicle.	For Applicant	Unspecified Alcohol Incident	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—

Descriptive standardized rendering of a decided public case (Guideline G). The verbatim source decision is shown in full below.

Full decision

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