ISCR Case 21-00436

Case Headnote

ISCR Case No. 21-00436

grantedAug 30, 2022· Hon. John Bayard Glendon· hearing

Summary

A 43-year-old male applicant with a history of alcohol and drug use was granted a security clearance despite concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and H (Drug Involvement). The Statement of Reasons detailed multiple allegations, including a failure to disclose marijuana use in the seven years preceding April 2019, and a failure to disclose several alcohol and drug-related offenses between 2000 and August 2016, including an alleged felony charge.

Additional allegations included a failure to disclose delinquent debts incurred in the seven years preceding April 2019. Specific financial concerns involved a charged-off credit union account of $14,888, and several collection accounts ranging from $294 to $4,516. The applicant's history also included a March 2000 Non-Judicial Punishment for drunkenness and incapacitation, a June 2008 felony battery charge while under the influence, and multiple DUI and Driving on Suspended License charges between 2008 and 2016. Furthermore, he received a March 2000 NJP for testing positive for marijuana and admitted to using marijuana from 2000 until June 2013.

The judge ultimately granted the clearance, finding that the applicant's long-term sobriety since 2013, active participation in Narcotics Anonymous, and credible efforts to resolve financial debts through payment plans and settlements mitigated the security concerns. Character references also attested to his significant personal growth and responsibility. The judge concluded that granting the security clearance was consistent with national interest.

Why the Applicant Prevailed

The applicant demonstrated long-term sobriety since 2013 and active participation in Narcotics Anonymous.
He provided credible evidence of efforts to resolve financial debts, including payment plans and settlements.
The applicant's character references indicated significant personal growth and responsibility since his past issues.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(b)raisedAlcohol-related Incidents at Work
AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(b)raisedTesting Positive for an Illegal Drug
AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations

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 ¶ 20(a)appliedBehavior Unlikely to Recur
AG ¶ 20(d)appliedGood-faith Effort to Repay Debts

Key Rule Quoted

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

Procedural Posture

SOR issuedMay 28, 2021
Answer filedJun 28, 2021
Hearing heldJun 16, 2022via video teleconference
Decision dateAug 30, 2022

Cite For

Mitigating Conditions for Alcohol Consumption Under Guideline G
Mitigating Conditions for Drug Involvement Under Guideline H
Mitigating Conditions for Financial Considerations Under Guideline F

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	Failure to disclose his use of marijuana in the seven years preceding April 2019 in his response to Section 23 – Illegal Use of Drugs in the e-QIP.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Drug Involvement	Denied	—	(a) prompt, good-faith correction before being confronted	—
3.b	Failure to disclose in his response to Section 22 - Police Record all of his offenses involving alcohol and drug use during the period 2000 to August 2016 and an alleged felony charge.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	—	(a) prompt, good-faith correction before being confronted	—
3.c	Failure to disclose his delinquent debts incurred in the seven years preceding April 2019 in his response to Section 26 – Financial Record.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Financial	Denied	—	(a) prompt, good-faith correction before being confronted	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Failure to disclose his use of marijuana in the seven years preceding April 2019 in his response to Section 23 – Illegal Use of Drugs in the e-QIP.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Drug Involvement

Denied

—

(a) prompt, good-faith correction before being confronted

—

3.b

Failure to disclose in his response to Section 22 - Police Record all of his offenses involving alcohol and drug use during the period 2000 to August 2016 and an alleged felony charge.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

—

(a) prompt, good-faith correction before being confronted

—

3.c

Failure to disclose his delinquent debts incurred in the seven years preceding April 2019 in his response to Section 26 – Financial Record.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Financial

Denied

—

(a) prompt, good-faith correction before being confronted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
4.a	Credit union account charged off in the amount of $14,888. $14,888	For Applicant	Auto Loan Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Payment Plan with Creditor
4.b	Credit account in collection in the approximate amount of $1,263. $1,263	For Applicant	Unspecified Financial	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
4.c	Credit account in collection in the approximate amount of $878. $878	For Applicant	Unspecified Financial	Denied	—	—	—
4.d	Collection account in the approximate amount of $593. $593	For Applicant	Credit Card Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
4.e	Payday loan account in collection in the approximate amount of $315. $315	For Applicant	Unspecified Financial	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
4.f	Credit union account in collection in the approximate amount of $815. $815	For Applicant	Credit Card Debt	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
4.g	Collection account in the approximate amount of $4,516. $4,516	For Applicant	Unspecified Financial	Denied	—	—	—
4.h	Medical account in the approximate amount of $294. $294	For Applicant	Medical Debt	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

4.a

Credit union account charged off in the amount of $14,888.

$14,888

For Applicant

Auto Loan Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Payment Plan with Creditor

4.b

Credit account in collection in the approximate amount of $1,263.

$1,263

For Applicant

Unspecified Financial

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

4.c

Credit account in collection in the approximate amount of $878.

$878

For Applicant

Unspecified Financial

Denied

—

4.d

Collection account in the approximate amount of $593.

$593

For Applicant

Credit Card Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

4.e

Payday loan account in collection in the approximate amount of $315.

$315

For Applicant

Unspecified Financial

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

4.f

Credit union account in collection in the approximate amount of $815.

$815

For Applicant

Credit Card Debt

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

4.g

Collection account in the approximate amount of $4,516.

$4,516

For Applicant

Unspecified Financial

Denied

—

4.h

Medical account in the approximate amount of $294.

$294

For Applicant

Medical Debt

Denied

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	March 2000 Non-Judicial Punishment (NJP) for Drunkenness and Incapacitation for the Performance of Duties.	For Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.b	June 2008 Charge of Felony Battery resulted from an incident in which Applicant was under the influence of alcohol.	For Applicant	Alcohol Related Arrest	Denied with Explanation	—	—	—
1.c	November 2008 charge of Driving Under the Influence of Alcohol (DUI).	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.d	February 2009 charge of Drunk in Public amended at the hearing to Driving on Suspended License (DSL).	For Applicant	Public Intoxication	Admitted	—	—	—
1.e	March 2010 charges of DUI and DSL and failure to complete court-ordered DUI program.	For Applicant	DUI or DWI Alcohol	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence	Documented Rehabilitation Evidence
1.f	April 2010 charges of DUI and DSL.	For Applicant	DUI or DWI Alcohol	Denied with Explanation	—	—	—
1.g	August 2016 charges of DUI, DSL, Spousal Battery, and maliciously/unlawfully removing telephone.	For Applicant	Unspecified Alcohol Incident	Denied with Explanation	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

March 2000 Non-Judicial Punishment (NJP) for Drunkenness and Incapacitation for the Performance of Duties.

For Applicant

Binge or Intoxication Pattern

Admitted

—

1.b

June 2008 Charge of Felony Battery resulted from an incident in which Applicant was under the influence of alcohol.

For Applicant

Alcohol Related Arrest

Denied with Explanation

—

1.c

November 2008 charge of Driving Under the Influence of Alcohol (DUI).

For Applicant

DUI or DWI Alcohol

Admitted

—

1.d

February 2009 charge of Drunk in Public amended at the hearing to Driving on Suspended License (DSL).

For Applicant

Public Intoxication

Admitted

—

1.e

March 2010 charges of DUI and DSL and failure to complete court-ordered DUI program.

For Applicant

DUI or DWI Alcohol

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

Documented

Rehabilitation Evidence

1.f

April 2010 charges of DUI and DSL.

For Applicant

DUI or DWI Alcohol

Denied with Explanation

—

1.g

August 2016 charges of DUI, DSL, Spousal Battery, and maliciously/unlawfully removing telephone.

For Applicant

Unspecified Alcohol Incident

Denied with Explanation

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	March 2000 Non-Judicial Punishment for testing positive for marijuana.	For Applicant	Marijuana	Not Applicable	Admitted	—	—	—
2.b	Applicant used marijuana from 2000 until June 5, 2013.	For Applicant	Marijuana	Frequent	Denied	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Documented Rehabilitation Evidence

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

March 2000 Non-Judicial Punishment for testing positive for marijuana.

For Applicant

Marijuana

Not Applicable

Admitted

—

2.b

Applicant used marijuana from 2000 until June 5, 2013.

For Applicant

Marijuana

Frequent

Denied

—

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

Documented

Abstinence Period Documented

Documented

Rehabilitation Evidence

Loading case…

Case Profile

Summary

Why the Applicant Prevailed

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