CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 18-01926 — CASE

Case record

ISCR Case 18-01926

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

Case Profile
Decision Date6/14/2019
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Related decisionSee the appeal decision (Case 18-01926.a1) →
Participants
Judge: Noreen A. Lynch
Government Counsel: Daniel O'Reilly
Applicant's Counsel: Alan V. Edmunds
Case Summary
The applicant in this case was a 46-year-old contractor who had held a security clearance for approximately 15 years. The Department of Defense issued a Statement of Reasons citing security concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant admitted to the allegations related to alcohol consumption but denied part of the allegations concerning criminal conduct, which included multiple DUI arrests and convictions.
Key facts established during the proceedings included the applicant's three alcohol-related arrests between 2010 and 2017, resulting in two convictions. He acknowledged his poor judgment regarding alcohol use and expressed remorse for his actions. Since 2017, he had abstained from alcohol, completed counseling programs, and attended Alcoholics Anonymous meetings. The applicant presented evidence of his rehabilitation, including letters of support from family and friends, and demonstrated a commitment to maintaining sobriety and responsible behavior.
The administrative judge ruled in favor of the applicant, concluding that he had mitigated the security concerns related to both alcohol consumption and criminal conduct. The judge noted the applicant's significant efforts toward rehabilitation, including a sustained period of abstinence, completion of treatment programs, and positive changes in his personal and professional life. The judge emphasized the applicant's credible testimony and the support from his community, which indicated a low likelihood of recurrence of the problematic behavior.
Guidelines Evaluated
- Guideline GAlcohol Consumption · For Applicant
- Guideline JCriminal Conduct · For Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
Finding similar decisions…

Case Headnote

ISCR Case No. 18-01926

grantedJun 14, 2019· Hon. Noreen A. Lynch· hearing

Summary

A 46-year-old contractor was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons cited excessive alcohol consumption leading to arrests and convictions, and criminal conduct related to these alcohol offenses. Disqualifying conditions AG ¶ 22(a), AG ¶ 22(c), AG ¶ 31(a), and AG ¶ 31(b) were raised.

However, the judge applied mitigating conditions AG ¶ 23(b), AG ¶ 23(d), and AG ¶ 31(d), finding that the applicant had taken significant steps toward rehabilitation. The applicant demonstrated a clear and established pattern of abstinence from alcohol since 2017. He completed an alcohol counseling program and continues to attend AA meetings twice a week.

Additionally, the applicant received strong support from family and community, which indicated a commitment to change. These factors led to a favorable decision, 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 completed an alcohol counseling program and continues to attend AA meetings twice a week.
The applicant received strong support from family and community, indicating a commitment to change.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Mitigating

AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Actions Taken to Overcome It
AG ¶ 23(d)appliedSuccessful Completion of a Treatment Program
AG ¶ 31(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

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

Procedural Posture

SOR issuedOct 29, 2018
Answer filedNov 27, 2018Timely response submitted.
Hearing heldMay 9, 2019
Decision dateJun 14, 2019

Cite For

Mitigation of Alcohol-related Offenses Under Guideline G
Successful Rehabilitation Under Guideline J
Importance of Community and Family Support in Security Clearance Cases

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: grantedTREATMENT COMPLETED · FAVORABLE

The judge found that the applicant's excessive alcohol consumption leading to arrests and convictions was mitigated by evidence of rehabilitation and abstinence. The applicant has not consumed alcohol since 2017 and has completed counseling, demonstrating a commitment to change.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Excessive alcohol consumption leading to arrests and convictions.	For Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	(a) so much time has passed / so infrequent that it is unlikely to recur	—
1.b–1.c	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

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: HearingDecided: granted

The judge found that the applicant's criminal conduct related to alcohol offenses was mitigated. Despite a history of alcohol-related arrests and convictions, the applicant demonstrated significant rehabilitation efforts, including abstaining from alcohol and attending counseling, which led to a favorable ruling.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Criminal conduct related to alcohol offenses.	For Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Documented Abstinence Period Documented Documented Substance Treatment Completed Documented No Subsequent Offenses

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.