ISCR Case 20-03702

Case Headnote

ISCR Case No. 20-03702

deniedSep 15, 2022· Hon. Erin C. Hogan· hearing

Summary

A 65-year-old retired Navy senior chief petty officer and defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant had a history of multiple alcohol-related arrests, including DUIs in July 1995, October 2000, April 2011, September 2018, and May 2021. Additionally, he was arrested in May 2002 for operating a vehicle with a suspended license.

Although the applicant was alleged to have deliberately omitted prior alcohol-related arrests on his February 2019 and August 2020 security clearance applications, the judge found that these omissions were not intentional. However, the applicant's pattern of alcohol-related criminal conduct, particularly the May 2021 DUI arrest which occurred after the Statement of Reasons was issued, raised significant doubts about his reliability and judgment.

The decision highlighted the applicant's long history of alcohol-related offenses, with the most recent arrest indicating ongoing issues. This consistent pattern of behavior ultimately led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has a long history of alcohol-related offenses, including five DUI arrests from 1995 to 2021.
The most recent DUI arrest occurred after the Statement of Reasons (SOR) was issued, indicating ongoing issues with alcohol consumption.
The applicant's pattern of behavior raises significant concerns about his reliability and judgment.

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

Mitigating

AG ¶ 23(a)rejectedTime Has Passed or Behavior Was InfrequentThe applicant's recent DUI arrest indicates ongoing issues.
AG ¶ 23(b)rejectedAcknowledgment of Maladaptive Alcohol UseThe applicant does not acknowledge a pattern of maladaptive alcohol use.
AG ¶ 23(c)rejectedParticipation in Counseling or TreatmentThe applicant has not participated in a treatment program.
AG ¶ 23(d)rejectedSuccessful Completion of TreatmentThe applicant has not completed any treatment program.

Key Rule Quoted

“Eligibility for access to classified information is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedFeb 2, 2021
Answer filed—
Hearing heldAug 10, 2022via Microsoft Teams video teleconference
Decision dateSep 15, 2022

Cite For

Denial of Security Clearance Due to Multiple DUI Offenses
Impact of Recent Criminal Conduct on Security Eligibility
Consideration of Alcohol Consumption Patterns in Clearance Decisions

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	In response to Section 22, on his February 3, 2019, security clearance application, Applicant answered, 'Yes.' He listed his September 2018 arrest for DUI. He is alleged to have deliberately omitted his alcohol-related arrests in July 1995, October 2000, and April 2011.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	—	—	—
3.b	In response to Section 22, on his August 31, 2020, security clearance application, Applicant answered, 'Yes.' He listed his September 2018 arrest for DUI. He is alleged to have deliberately omitted his alcohol-related arrests in July 1995, October 2000, and April 2011.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

In response to Section 22, on his February 3, 2019, security clearance application, Applicant answered, 'Yes.' He listed his September 2018 arrest for DUI. He is alleged to have deliberately omitted his alcohol-related arrests in July 1995, October 2000, and April 2011.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

—

3.b

In response to Section 22, on his August 31, 2020, security clearance application, Applicant answered, 'Yes.' He listed his September 2018 arrest for DUI. He is alleged to have deliberately omitted his alcohol-related arrests in July 1995, October 2000, and April 2011.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	In July 1995, Applicant was arrested for DUI in [State 1]. He pled guilty and received a fine.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.b	On October 29, 2000, Applicant was arrested for DUI in [State 1]. He pled guilty and was sentenced to three days in jail, a $600 fine and his license was suspended.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.c	On April 30, 2011, Applicant was arrested for DWI in [State 2]. He pled guilty and received a fine.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.d	On September 1, 2018, Applicant was arrested for DUI in [State 3]. He pled guilty and received 20 days in jail, suspended; a $300 fine; ordered to use an interlock device on his car for a period of one year; three years probation; and ordered to attend alcohol counseling through the county health department.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.e	On May 15, 2021, Applicant was arrested for DUI in [State 3]. He pled guilty and was sentenced to 60 days in jail, suspended, and a $250 fine. He lost his license for a period of one year.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

In July 1995, Applicant was arrested for DUI in [State 1]. He pled guilty and received a fine.

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

1.b

On October 29, 2000, Applicant was arrested for DUI in [State 1]. He pled guilty and was sentenced to three days in jail, a $600 fine and his license was suspended.

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

1.c

On April 30, 2011, Applicant was arrested for DWI in [State 2]. He pled guilty and received a fine.

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

1.d

On September 1, 2018, Applicant was arrested for DUI in [State 3]. He pled guilty and received 20 days in jail, suspended; a $300 fine; ordered to use an interlock device on his car for a period of one year; three years probation; and ordered to attend alcohol counseling through the county health department.

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

1.e

On May 15, 2021, Applicant was arrested for DUI in [State 3]. He pled guilty and was sentenced to 60 days in jail, suspended, and a $250 fine. He lost his license for a period of one year.

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	In May 2002, Applicant was arrested for operating a vehicle with a suspended license. He pled guilty, was fined $1,000, and served 48 hours in jail.	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

In May 2002, Applicant was arrested for operating a vehicle with a suspended license. He pled guilty, was fined $1,000, and served 48 hours in jail.

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

—

Loading case…

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