ISCR Case 19-03460

Case Headnote

ISCR Case No. 19-03460

deniedJan 5, 2021· Hon. Gina L. Marine· hearing

Summary

A 32-year-old avionics technician and former U.S. Marine was denied a security clearance due to concerns under Guidelines J (Criminal Conduct), G (Alcohol Consumption), and E (Personal Conduct). The denial stemmed from a pattern of criminal behavior, excessive alcohol use, and personal misconduct, which led the judge to conclude that the applicant lacked the necessary judgment and reliability for a clearance.

Specific incidents included a 2014 Non-Judicial Punishment (NJP) for Drunken or Reckless Operation of a Vehicle (Article 111 UCMJ) after failing a field sobriety test and registering a .14 BAC. This resulted in a reduction in rank, forfeiture of $2,426, restriction, extra duty, a six-month driver's license suspension, and mandatory alcohol education. In 2017, he received an NJP for Wrongful Use of a Controlled Substance (Article 112a UCMJ) after testing positive for cocaine, leading to a reduction in rank, forfeiture of $2,534, restriction, extra duty, and an other than honorable discharge from the Marine Corps.

In December 2018, the applicant was arrested for Driving Under the Influence (DUI) after failing to maintain his lane, refusing a field sobriety test, and registering a .17 BAC. He spent two days in jail and self-reported the incident. The judge determined that this history of multiple DUIs, drug use, and an other than honorable discharge demonstrated a lack of rehabilitation and raised significant doubts about his trustworthiness.

Why the Applicant Was Denied

The applicant had a history of criminal conduct, including multiple DUIs and drug use, which raised doubts about his judgment and reliability.
The applicant's excessive alcohol consumption was evidenced by multiple incidents, including a recent DUI, indicating a pattern of behavior that was not mitigated by time or rehabilitation efforts.
The applicant's discharge from the Marine Corps under other than honorable conditions further contributed to concerns about his trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 31(e)raisedDischarge From Armed Forces for Reasons Less Than Honorable
AG ¶ 22(a)raisedAlcohol-related Incidents
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 15raisedConduct Involving Questionable Judgment

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 issuedFeb 6, 2020
Answer filedMar 12, 2020
Hearing held—Decision based on written record.
Decision dateJan 5, 2021

Cite For

Denial Based on a Pattern of Criminal Conduct Under Guideline J
Excessive Alcohol Consumption Leading to Security Concerns Under Guideline G
Lack of Demonstrated Rehabilitation Impacting Security Clearance Eligibility Under Guideline E

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual's reliability.	Against Applicant	Questionable Judgment General	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual's reliability.

Against Applicant

Questionable Judgment General

—

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Excessive alcohol consumption often leads to the exercise of questionable judgment or the failure to control impulses.	Against Applicant	Binge or Intoxication Pattern	Denied	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Excessive alcohol consumption often leads to the exercise of questionable judgment or the failure to control impulses.

Against Applicant

Binge or Intoxication Pattern

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Criminal activity creates doubt about a person's judgment, reliability, and trustworthiness.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	In 2014, Applicant consumed four mixed drinks over four and one-half hours while at a restaurant with coworkers. He then drove back to base. Because he smelled of alcohol when he presented his identification at the gate, he was administered a field sobriety test, which he failed. He was also administered a breathalyzer, which registered a .14 blood alcohol count (BAC). He attributed the incident to poor judgment and intoxication. He received a Non-Judicial Punishment (NJP) for Drunken or Reckless Operation of Vehicle (Article 111) under Article 15 of the Uniform Code of Military Justice (UCMJ). The NJP resulted in a reduction in rank, forfeiture of $2,426, 45 days of restriction and extra duty. Applicant’s driver’s license was suspended for six months, and he was ordered to take alcohol-education courses.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	In 2017, Applicant consumed six beers while at a few bars by himself. While walking outside one of the bars, two men unknown to Applicant approached him and asked if he wanted to go to a party. Applicant agreed and entered their car, which was parked in the parking lot outside of the bar. The men offered Applicant cocaine, which he accepted. He felt sick after consuming the cocaine and immediately exited the car to vomit. He then walked back to his car, which had been parked in the same parking lot. He decided to sleep in his car until morning, and then he drove home for the weekend. When he returned to work the following Monday, he was subjected to a random drug screening. He tested positive for cocaine. He attributed the incident to being intoxicated. He received an NJP for Wrongful Use of a Controlled Substance (Article 112a) under Article 15 of the UCMJ. The NJP resulted in a reduction in rank, forfeiture of $2,534, and 45 days of restriction and extra duty. He was subsequently discharged from the U.S. Marine Corps under other than honorable conditions for this misconduct.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	In December 2018, Applicant consumed four mixed drinks and two to three tall beers while at a bar by himself. He went outside of the bar to retrieve a pack of cigarettes from his car and decided to leave to go home. While driving home, an officer stopped him for failure to maintain his lane. After refusing to take a field sobriety test, he was arrested and transported to the police station. While at the station, he was administered a breathalyzer, which registered a .17 BAC. He was then charged with Driving Under the Influence (DUI) and spent two days in jail. He self-reported the incident to his employer the day following his release from jail. The charge was scheduled for disposition in April 2019, which was not pronounced in the record.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	specific text not stated in this decision	Against Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Criminal activity creates doubt about a person's judgment, reliability, and trustworthiness.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.b

In 2014, Applicant consumed four mixed drinks over four and one-half hours while at a restaurant with coworkers. He then drove back to base. Because he smelled of alcohol when he presented his identification at the gate, he was administered a field sobriety test, which he failed. He was also administered a breathalyzer, which registered a .14 blood alcohol count (BAC). He attributed the incident to poor judgment and intoxication. He received a Non-Judicial Punishment (NJP) for Drunken or Reckless Operation of Vehicle (Article 111) under Article 15 of the Uniform Code of Military Justice (UCMJ). The NJP resulted in a reduction in rank, forfeiture of $2,426, 45 days of restriction and extra duty. Applicant’s driver’s license was suspended for six months, and he was ordered to take alcohol-education courses.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Unknown

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.c

In 2017, Applicant consumed six beers while at a few bars by himself. While walking outside one of the bars, two men unknown to Applicant approached him and asked if he wanted to go to a party. Applicant agreed and entered their car, which was parked in the parking lot outside of the bar. The men offered Applicant cocaine, which he accepted. He felt sick after consuming the cocaine and immediately exited the car to vomit. He then walked back to his car, which had been parked in the same parking lot. He decided to sleep in his car until morning, and then he drove home for the weekend. When he returned to work the following Monday, he was subjected to a random drug screening. He tested positive for cocaine. He attributed the incident to being intoxicated. He received an NJP for Wrongful Use of a Controlled Substance (Article 112a) under Article 15 of the UCMJ. The NJP resulted in a reduction in rank, forfeiture of $2,534, and 45 days of restriction and extra duty. He was subsequently discharged from the U.S. Marine Corps under other than honorable conditions for this misconduct.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Unknown

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.d

In December 2018, Applicant consumed four mixed drinks and two to three tall beers while at a bar by himself. He went outside of the bar to retrieve a pack of cigarettes from his car and decided to leave to go home. While driving home, an officer stopped him for failure to maintain his lane. After refusing to take a field sobriety test, he was arrested and transported to the police station. While at the station, he was administered a breathalyzer, which registered a .17 BAC. He was then charged with Driving Under the Influence (DUI) and spent two days in jail. He self-reported the incident to his employer the day following his release from jail. The charge was scheduled for disposition in April 2019, which was not pronounced in the record.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Unknown

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.e

specific text not stated in this decision

Against Applicant

Unspecified Criminal Conduct

—

Unknown

—

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Case Profile

Summary

Why the Applicant Was Denied

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