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ISCR Case 20-01747 — CASE

Case record

ISCR Case 20-01747

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

Case Profile
Decision Date3/31/2021
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Claude R. Heiny II
Government Counsel: Daniel F. Crowley
Case Summary
The applicant in this case was a 25-year-old junior imagery analyst seeking a security clearance with the Department of Defense. The adjudicative guidelines at issue were Guideline G (alcohol consumption) and Guideline J (criminal conduct). The Statement of Reasons outlined concerns stemming from the applicant's three convictions for Driving While Intoxicated (DWI) and a no contest plea to a violation of probation, indicating a pattern of irresponsible behavior related to alcohol use.
The applicant admitted to the allegations of multiple DWIs, detailing his history of alcohol consumption and the circumstances surrounding each arrest. He acknowledged that he had not made significant changes to his drinking habits following his first two convictions and described a "party lifestyle." Although he claimed to have matured and made better choices by the time of his third DWI, he continued to drink alcohol and had not completed the required alcohol education programs. The applicant's assertions of change were not substantiated by evidence of rehabilitation or a significant period of abstinence from alcohol.
The administrative judge ruled against the applicant, concluding that he had failed to mitigate the security concerns associated with his alcohol-related offenses. The judge emphasized the applicant's ongoing alcohol consumption and lack of demonstrated rehabilitation, which raised doubts about his reliability and judgment, ultimately determining that granting a security clearance was not clearly consistent with the national interest.
Guidelines Evaluated
- Guideline GAlcohol Consumption · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 20-01747

deniedMar 31, 2021· Hon. Claude R. Heiny II· hearing

Summary

A 25-year-old junior imagery analyst was denied a security clearance under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The denial stemmed from a pattern of alcohol-related offenses, specifically three Driving While Intoxicated (DWI) convictions and a violation of probation.

The Statement of Reasons detailed three arrests for DWI, resulting in one guilty verdict and two guilty pleas. Additionally, the applicant pled no contest to a Violation of Probation related to a September 2017 DWI sentence, leading to the imposition of a portion of his suspended sentence.

The judge determined that the applicant had not demonstrated sufficient rehabilitation or changed behavior. Key factors in the denial included the three DWI convictions, the applicant remaining on unsupervised probation, and the failure to complete court-ordered alcohol treatment programs. Consequently, the applicant was deemed ineligible for access to classified information.

Why the Applicant Was Denied

The applicant has three DWI convictions, indicating a pattern of alcohol-related offenses.
He remains on unsupervised probation and has not completed court-ordered alcohol treatment programs.
The applicant failed to demonstrate sufficient rehabilitation or changed behavior after multiple offenses.

Conditions Referenced

Disqualifying

AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
AG ¶ 31(a)appliedPattern of Minor Offenses
AG ¶ 31(b)appliedEvidence of Criminal Conduct
AG ¶ 31(c)appliedCurrently on Probation
AG ¶ 31(d)appliedViolation of Probation

Procedural Posture

SOR issuedOct 15, 2020
Answer filed—Applicant requested a decision on the written record.
Hearing held—Decision made based on written record.
Decision dateMar 31, 2021

Cite For

Insufficient Evidence of Rehabilitation Under Guideline G
Pattern of Criminal Conduct Under Guideline J
Impact of Multiple DWI Convictions 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.

Standardized Decision Profile

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

Posture: Decision on RecordDecided: denied

The judge found against the applicant on the alcohol consumption allegations, noting a history of multiple DWI arrests and convictions. The applicant admitted to the allegations but failed to demonstrate sufficient mitigation to overcome the concerns raised by his alcohol-related incidents.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant has been arrested three times for DWI. He was found guilty once and pled guilty twice. Additionally, he pled no contest to a Violation of Probation.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.b–1.c	2 sub-charges — specific text not stated in this decision (rulings shown).	Mixed			—	—	—
1.d	Applicant was arrested and charged with “Driving While Intoxicated (DWI), 1st Offense.”	Against Applicant	DUI or DWI Alcohol	Unknown	—	—	—
1.e–1.g	3 sub-charges — specific text not stated in this decision (rulings shown).	Mixed			—	—	—

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

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found against the applicant on the criminal conduct allegations, specifically regarding his DWI offenses and violation of probation. The applicant's history of alcohol-related incidents and the short time since his last incident contributed to the denial of his security clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was charged with Violation of Probation for the sentence imposed for his September 2017 DWI. He pled no contest, and the remaining 10 months, 20 days of his sentence was imposed (9 months suspended).	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.b	specific text not stated in this decision	Against Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

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

Full decision

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