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ISCR Case 20-02741 — CASE

Case record

ISCR Case 20-02741

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

Case Profile
Decision Date1/26/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Marc E. Curry
Government Counsel: Patricia M. Lynch-Epps
Case Summary
The applicant in this case was a 38-year-old single man employed as a data engineer for a defense contractor since 2019. The Department of Defense issued a Statement of Reasons citing concerns under Guideline G (alcohol consumption) and Guideline J (criminal conduct), primarily due to the applicant's ongoing alcohol use despite a diagnosis of severe alcohol dependence and his recent DUI convictions. The applicant admitted most allegations in the Statement of Reasons but denied some specific details.
Key findings included the applicant's history of alcohol abuse, which began around 2014, and multiple DUI arrests leading to convictions. He completed an inpatient treatment program in 2019 but resumed drinking shortly after, contrary to his counselor's recommendations for ongoing support. The applicant argued that he did not have an alcohol dependency problem, but he provided no supporting evidence from a qualified professional to substantiate this claim. The administrative judge noted the applicant's lack of adherence to treatment recommendations and his continued alcohol consumption.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to his alcohol use and criminal conduct. The judge emphasized that the applicant's ongoing drinking and non-compliance with treatment recommendations raised significant doubts about his judgment and reliability, ultimately leading to the denial of his security clearance.
Guidelines Evaluated
- Guideline GAlcohol Consumption · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 20-02741

deniedJan 26, 2023· Hon. Marc E. Curry· hearing

Summary

This security clearance decision involved a 38-year-old single man with a master's degree, whose application was denied under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons highlighted two primary concerns: the applicant's continued alcohol consumption despite an alcohol dependence diagnosis, and his history of DUI convictions and probation violations.

Disqualifying conditions cited included AG ¶ 22(a), AG ¶ 22(c), AG ¶ 22(d), and AG ¶ 31(b). The denial was based on the applicant's ongoing alcohol consumption despite a diagnosis of severe alcohol dependence, and his failure to adhere to recommended rehabilitation programs, including 12-step support.

Furthermore, the applicant's history of DUI convictions raised significant concerns regarding his judgment and reliability. Despite completing an inpatient treatment program, the applicant continued to consume alcohol and did not follow recommended rehabilitation steps, ultimately leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant continues to consume alcohol despite a diagnosis of severe alcohol dependence.
He has not adhered to recommended rehabilitation programs, including 12-step support.
The applicant's history of DUI convictions raises significant concerns about his judgment and reliability.

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
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Key Rule Quoted

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

Procedural Posture

SOR issuedFeb 3, 2021
Answer filed—Applicant admitted most allegations.
Hearing heldSep 21, 2022Hearing conducted via video-teleconference.
Decision dateJan 26, 2023

Cite For

Failure to Mitigate Alcohol Dependence Under Guideline G
Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
Importance of Adhering to Rehabilitation Recommendations for Security Clearance Approval

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: deniedAUD DIAGNOSED

The judge found against the applicant on the allegation of continued alcohol consumption despite a diagnosis of alcohol dependence. The applicant's history of alcohol-related incidents and failure to comply with treatment recommendations contributed to the denial of his security clearance.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant continues to drink alcohol despite an evaluation of alcohol dependence.	Against Applicant	Continued Use After Treatment	Admitted	(e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—

Descriptive standardized rendering of a decided public case (Guideline G). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found against the applicant on all allegations related to criminal conduct, specifically a history of DUI convictions and probation violations. The applicant's ongoing alcohol consumption and failure to comply with treatment recommendations were significant factors in the decision to deny the application.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant has a history of DUI convictions and probation violations.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.b–2.c	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

Descriptive standardized rendering of a decided public case (Guideline J). The verbatim source decision is shown in full below.

Full decision

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