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ISCR Case 20-03110 — CASE

Case record

ISCR Case 20-03110

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

Case Profile
Decision Date11/14/2022
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Braden M. Murphy
Government Counsel: Jeffrey T. Kent
Applicant's Counsel: Ronald C. Sykstus
Case Summary
The applicant in this case was a 36-year-old individual with a history of alcohol-related driving offenses, including multiple arrests and convictions from 2004 to 2021. The Defense Office of Hearings and Appeals (DOHA) considered allegations under Guideline G (alcohol consumption), Guideline J (criminal conduct), and Guideline E (personal conduct) in the Statement of Reasons (SOR). The applicant's record included a DUI arrest in August 2021, which occurred after the issuance of the SOR, and he was on probation at the time of the hearing.
During the proceedings, the applicant admitted to several of the allegations in the SOR but denied others. He provided explanations for his actions, including difficulties related to PTSD from his military service. Despite his admissions and attempts at mitigation, the administrative judge found that the applicant had not demonstrated sufficient evidence to alleviate the security concerns raised by his extensive criminal history and lack of candor during the security clearance process. Consequently, the judge ruled to deny the applicant's eligibility for access to classified information, citing the ongoing issues related to alcohol consumption and criminal conduct as significant factors in the decision.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline GAlcohol Consumption · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 20-03110

deniedNov 14, 2022· Hon. Braden M. Murphy· hearing

Summary

A 36-year-old male applicant was denied a security clearance under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The denial stemmed from a history of alcohol-related offenses, including multiple DUI arrests, and a demonstrated lack of candor during the clearance process.

At the time of the hearing, the applicant was on probation for two recent DUI offenses. The judge noted a long history of such offenses and found insufficient evidence of rehabilitation or ongoing compliance with legal requirements. Disqualifying conditions cited included AG ¶ 22(a), AG ¶ 31(a), AG ¶ 31(b), AG ¶ 31(c), AG ¶ 16(a), AG ¶ 16(b), and AG ¶ 15(a).

Specifically, the applicant failed to disclose all relevant arrests during the security clearance process, further contributing to the denial. Despite efforts to address his alcohol issues, the judge concluded that the applicant's recent probation status and history of falsifications warranted the denial of his security clearance.

Why the Applicant Was Denied

The applicant has a long history of alcohol-related offenses, including multiple DUIs.
He was on probation for two recent DUI offenses at the time of the hearing.
The applicant demonstrated a lack of candor during the security clearance process, failing to disclose all relevant arrests.

Conditions Referenced

Disqualifying

AG ¶ 22(a)appliedAlcohol-related Incidents
AG ¶ 31(a)appliedPattern of Minor Offenses
AG ¶ 31(b)appliedEvidence of Criminal Conduct
AG ¶ 31(c)appliedCurrently on Probation
AG ¶ 16(a)appliedDeliberate Omission or Falsification
AG ¶ 16(b)appliedProviding False or Misleading Information
AG ¶ 15(a)appliedLack of Candor

Key Rule Quoted

“The protection of the national security is the paramount consideration.”
— AG ¶ 2(b)

Procedural Posture

SOR issuedJan 4, 2021
Answer filedFeb 24, 2021
Hearing heldMay 18, 2022Hearing was delayed due to COVID-19.
Decision dateNov 14, 2022

Cite For

Denial of Security Clearance Due to Ongoing Alcohol-related Offenses
Lack of Candor in Security Clearance Applications
Impact of Probation Status 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.

Full decision

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