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ISCR Case 21-01104 — CASE

Case record

ISCR Case 21-01104

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

Case Profile
Decision Date8/7/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Braden M. Murphy
Government Counsel: Andre M. Gregorian
Case Summary
Applicant, a 60-year-old defense contractor with a history of military service, sought a security clearance after being issued a Statement of Reasons (SOR) citing concerns under Guideline G related to alcohol consumption. The SOR detailed three alcohol-related driving offenses between 2015 and 2019, alongside a citation for drinking in public in 1999. Although the applicant attended alcohol counseling, he did not have a formal diagnosis of alcohol use disorder and maintained that he had moderated his alcohol consumption in recent years.
During the proceedings, the applicant admitted to the allegations in the SOR but denied having a drinking problem. He provided evidence of his efforts to mitigate the concerns, including attending counseling and demonstrating a stable lifestyle since his remarriage in 2020. The applicant testified that he had not been arrested since 2019 and had made significant lifestyle changes, including reduced alcohol consumption and a supportive home environment.
The administrative judge ruled in favor of the applicant, concluding that he had sufficiently mitigated the security concerns related to his alcohol consumption. The judge noted the absence of a formal diagnosis of alcohol use disorder and the applicant's demonstrated commitment to maintaining a responsible lifestyle, ultimately granting him eligibility for access to classified information.
Guidelines Evaluated
- Guideline GAlcohol Consumption · For Applicant
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Case Headnote

ISCR Case No. 21-01104

grantedAug 7, 2023· Hon. Braden M. Murphy· hearing

Summary

A 60-year-old male applicant was granted a security clearance despite a history of alcohol-related incidents, specifically under Guideline G (Alcohol Consumption). The Statement of Reasons detailed four alcohol-related allegations: a 1999 citation for drinking in public, and three arrests for Driving While Intoxicated (DWI) in April 2015, June 2016, and February 2019. These incidents raised disqualifying conditions under AG ¶ 22(a) and AG ¶ 22(d).

However, the judge applied mitigating conditions AG ¶ 23(a) and AG ¶ 23(b), noting the applicant's significant lifestyle changes. The applicant demonstrated a commitment to moderated alcohol consumption, with no offenses in the four years preceding the decision. He also established a supportive home environment through remarriage and relocation.

The favorable decision was further supported by the absence of a formal diagnosis of alcohol use disorder. Ultimately, the applicant's positive changes and the lack of recent incidents were deemed sufficient to mitigate the security concerns, leading to the granting of the security clearance.

Why the Applicant Prevailed

The applicant demonstrated a commitment to moderated alcohol consumption over the last four years.
He established a supportive home environment through remarriage and relocation.
The absence of a formal diagnosis of alcohol use disorder and no recent offenses contributed to the favorable decision.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(d)rejectedDiagnosis by a Qualified Professional of Alcohol Use DisorderThe government did not provide independent evidence of a diagnosis.

Mitigating

AG ¶ 23(a)appliedTime Passed Since Last Offense
AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Evidence of Modified Consumption

Key Rule Quoted

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

Procedural Posture

SOR issuedOct 15, 2021
Answer filedJan 5, 2022
Hearing heldMay 31, 2023via video-teleconference
Decision dateAug 7, 2023

Cite For

Mitigation of Alcohol-related Offenses Under Guideline G
Impact of Lifestyle Changes on Security Clearance Eligibility
Absence of a Formal Diagnosis as a Mitigating Factor in Alcohol Consumption Cases

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: granted

The judge found that the applicant had multiple alcohol-related incidents, including three DWI arrests between 2015 and 2019, and a citation for drinking in public in 1999. Despite these incidents, the judge ruled in favor of the applicant, concluding that the evidence presented was sufficient to mitigate the security concerns related to alcohol consumption.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant was cited for drinking in public in 1999.	For Applicant	Public Intoxication	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.b	In April 2015, Applicant was arrested and charged with misdemeanor Driving While Intoxicated (DWI), first offense.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.c	In June 2016, Applicant was arrested and charged with DWI.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.d	specific text not stated in this decision	For Applicant	Unspecified Alcohol Incident	Unknown	—	—	—
1.e	In February 2019, Applicant was arrested and charged with DWI.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—

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

Full decision

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