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ISCR Case 21-00185 — CASE

Case record

ISCR Case 21-00185

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

Case Profile
Decision Date10/12/2022
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert Robinson Gales
Government Counsel: John C. Lynch
Case Summary
The applicant in this case was a 30-year-old employee of a defense contractor, serving as a shipboard mechanic since June 2020. He applied for a security clearance on July 9, 2020, but was later issued a Statement of Reasons (SOR) citing concerns under multiple adjudicative guidelines, including Guideline B (foreign influence), Guideline G (alcohol consumption), Guideline J (criminal conduct), and Guideline E (personal conduct). The SOR detailed the applicant's marriage to a Russian national while stationed in Korea, which he failed to disclose, and raised concerns about his alcohol use and criminal history.
The applicant admitted to the allegations in the SOR, including his marriage, but argued that it was not legally binding in the U.S. due to lack of registration. He also acknowledged issues related to alcohol consumption and criminal conduct but did not provide sufficient evidence to mitigate these concerns. The administrative judge found that while the applicant had mitigated the foreign influence concerns, he failed to address the issues related to alcohol, criminal conduct, and personal conduct adequately. Consequently, the judge ruled to deny the applicant's eligibility for a security clearance, stating that the applicant's admissions and the nature of the allegations did not demonstrate that granting a clearance would be consistent with the national interest.
Guidelines Evaluated
- Guideline BForeign Influence · For Applicant
- Guideline EPersonal Conduct · Against Applicant
- Guideline GAlcohol Consumption · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 21-00185

deniedOct 12, 2022· Hon. Robert Robinson Gales· hearing

Summary

A 30-year-old defense contractor was denied a security clearance due to unmitigated concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). While the applicant successfully mitigated issues related to Guideline B (Foreign Influence), significant disqualifying conditions remained regarding his alcohol use, criminal conduct, and personal conduct.

The applicant had a documented history of alcohol-related incidents, including multiple arrests and unsuccessful attempts at treatment. Furthermore, he provided false information on his security clearance application, specifically concerning his marital status and foreign contacts.

These actions, particularly the lack of candor during the application process, raised substantial doubts about the applicant's reliability and trustworthiness, ultimately leading to the denial of his security clearance.

Why the Applicant Prevailed

The applicant mitigated concerns regarding foreign influence by demonstrating a lack of ongoing contact with his foreign spouse.

Conditions Referenced

Disqualifying

AG ¶ 22raisedAlcohol Consumption
AG ¶ 31raisedCriminal Conduct
AG ¶ 16raisedPersonal Conduct

Mitigating

AG ¶ 8appliedForeign Influence

Key Rule Quoted

“"The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B."”
— ISCR Case No. 03-02382 at 5 (App. Bd. Feb. 15, 2006)

Procedural Posture

SOR issuedJun 1, 2021
Answer filedMay 5, 2021Applicant responded to interrogatories.
Hearing held—Applicant elected to have the case decided on the written record.
Decision dateOct 12, 2022

Cite For

Denial of Security Clearance Due to Alcohol Consumption Issues
Lack of Candor in Security Clearance Applications
Mitigation of Foreign Influence Concerns Under Guideline B

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

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