CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 20-01440 — CASE

Case record

ISCR Case 20-01440

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

Case Profile
Decision Date12/8/2022
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Juan J. Rivera
Government Counsel: Raashid S. Williams
Case Summary
The applicant in this case was a 52-year-old engineering technician employed by a federal contractor, seeking to retain his security clearance. The allegations in the Statement of Reasons (SOR) primarily involved concerns under Guideline G (Alcohol Consumption), including a history of excessive alcohol use, a 2014 charge of intoxicated endangerment involving a child, and diagnoses of alcohol dependency and alcohol use disorder in 2018.
The applicant admitted to the allegations, providing context for his alcohol consumption, particularly during a difficult period in his first marriage. He reported that he had not consumed alcohol since July 2020, attributing his sobriety to participation in Alcoholics Anonymous (AA) and support from his second wife. He presented evidence of his commitment to sobriety, including a counselor's evaluation stating he did not currently have an alcohol problem and letters from colleagues affirming his positive changes and contributions to the workplace.
The administrative judge ruled in favor of the applicant, concluding that the mitigating factors outweighed the disqualifying conditions. The judge noted the significant time that had passed since the applicant's last alcohol-related incident, his demonstrated commitment to sobriety, and the support he received from his family and community. The decision emphasized that the applicant's current reliability and trustworthiness were not in doubt, allowing for the granting of his security clearance.
Guidelines Evaluated
- Guideline BForeign Influence · Withdrawn
- Guideline GAlcohol Consumption · 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. 20-01440

grantedDec 8, 2022· Hon. Juan J. Rivera· hearing

Summary

This case concerns a 52-year-old engineering technician who was granted a security clearance despite concerns under Guideline G (Alcohol Consumption). The Statement of Reasons detailed a history of alcohol consumption, including intoxication, a charge in October 2014 for intoxicated endangerment/unattended child under eight years old, and diagnoses of alcohol dependency in partial remission in November 2018 and alcohol use disorder in December 2018.

Disqualifying conditions under Guideline G were raised, specifically AG ¶ 22(a), AG ¶ 22(c), and AG ¶ 22(d). However, the administrative judge applied mitigating conditions AG ¶ 23(a), AG ¶ 23(b), AG ¶ 23(c), and AG ¶ 23(d).

The clearance was granted because the applicant demonstrated a significant period of abstinence from alcohol since July 2020. He actively participated in Alcoholics Anonymous and received family support. Furthermore, his alcohol-related legal issues were resolved, and he showed remorse and accountability for his past behavior, leading to a finding that the security concerns were mitigated.

Why the Applicant Prevailed

The applicant demonstrated a significant period of abstinence from alcohol since July 2020.
He actively participated in Alcoholics Anonymous and received support from his family.
The applicant's alcohol-related legal issues were resolved, and he showed remorse and accountability for past behavior.

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)appliedTime Passed or Infrequent Behavior Unlikely to Recur
AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Actions Taken to Overcome It
AG ¶ 23(c)appliedParticipation in Counseling or Treatment Program
AG ¶ 23(d)appliedSuccessful Completion of Treatment Program

Key Rule Quoted

“The administrative judge’s overarching adjudicative goal is a fair, impartial, and commonsense decision.”

Procedural Posture

SOR issuedMar 12, 2021
Answer filedApr 17, 2021
Hearing heldMay 18, 2022conducted by video teleconference
Decision dateDec 8, 2022

Cite For

Mitigation of Alcohol-related Security Concerns Under Guideline G
Successful Rehabilitation Efforts in Alcohol Dependency Cases
The Importance of Family Support in Overcoming Substance Abuse Issues

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 had a history of alcohol consumption, including a charge of intoxicated endangerment in 2014. However, he was diagnosed with alcohol use disorder in December 2018 and has since demonstrated significant efforts towards recovery, including attending Alcoholics Anonymous and receiving support from his family. Ultimately, the judge concluded that the applicant mitigated the security concerns related to his alcohol consumption and granted his clearance.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant has consumed alcohol, at times in excess and to the point of intoxication.	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	—	—
1.b	In October 2014, he was charged with intoxicated endangerment/unattended child under eight years old.	For Applicant	Alcohol Related Arrest	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	Credited Acknowledgment and Remorse
1.c	In November 2018, he was diagnosed with alcohol dependency in partial remission.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.d	In December 2018, he was diagnosed with alcohol use disorder.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	—	—

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.