ISCR Case 22-00749

Case Headnote

ISCR Case No. 22-00749

grantedJun 6, 2023· Hon. LeRoy F. Foreman· hearing

Summary

A 38-year-old communications instructor was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons detailed multiple alcohol-related incidents, including underage drinking, several charges of driving while intoxicated (DWI), violations of an ignition interlock program, and multiple charges of being drunk in public, one involving fleeing law enforcement.

Additionally, the applicant faced charges related to criminal conduct, specifically assault and battery on a family member, violating protective orders, and a separate assault charge in March 2020. These issues raised disqualifying conditions under both guidelines.

However, the judge found that the applicant had successfully mitigated these concerns. He demonstrated a significant lifestyle and behavioral change since his last alcohol-related incident in December 2019, including completing a treatment program and attending Alcoholics Anonymous meetings. Positive character references from credible witnesses further supported his rehabilitation and reliability, leading to the decision to grant his eligibility for access to classified information.

Why the Applicant Prevailed

The applicant demonstrated a significant change in lifestyle and behavior since his last alcohol-related incident in December 2019.
He successfully completed a treatment program and attended Alcoholics Anonymous meetings, showing commitment to recovery.
The applicant received positive character references from credible witnesses, indicating his rehabilitation 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(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 31(d)raisedViolation of Parole or Probation

Mitigating

AG ¶ 23(a)appliedTime Has Passed or Behavior Was Infrequent
AG ¶ 23(d)appliedSuccessful Completion of Treatment Program
AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(c)appliedNo Reliable Evidence to Support the Offense
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
— Exec. Or. 10865 § 2.

Procedural Posture

SOR issuedAug 3, 2022
Answer filedAug 17, 2022
Hearing heldApr 25, 2023
Decision dateJun 6, 2023

Cite For

Mitigation of Alcohol-related Security Concerns Under Guideline G
Successful Rehabilitation in the Context of Criminal Conduct Under Guideline J
The Importance of Character References in Security Clearance Determinations

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

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant drank too much beer at an off-base location while underage, leading to a military restriction.	For Applicant	Underage Drinking	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.b	Applicant was convicted of driving while intoxicated (DWI), first offense.	For 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	Applicant violated the ignition interlock program.	For Applicant	Ignition Interlock Violation	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.d	Applicant was charged with being drunk in public.	For Applicant	Public Intoxication	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.e	Applicant was charged with being drunk in public while riding a bicycle.	For Applicant	Public Intoxication	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.f	Applicant was charged with DWI, 2nd offense within five years.	For 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.g	Applicant was charged with being drunk in public and fleeing from law enforcement.	For Applicant	Public Intoxication	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.h	Applicant was charged with DWI, 2nd offense within 5-10 years, and refusing a breathalyzer.	For 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

Applicant drank too much beer at an off-base location while underage, leading to a military restriction.

For Applicant

Underage Drinking

Admitted

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

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

—

1.b

Applicant was convicted of driving while intoxicated (DWI), first offense.

For 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

Applicant violated the ignition interlock program.

For Applicant

Ignition Interlock Violation

Admitted

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

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

—

1.d

Applicant was charged with being drunk in public.

For Applicant

Public Intoxication

Admitted

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

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

—

1.e

Applicant was charged with being drunk in public while riding a bicycle.

For Applicant

Public Intoxication

Admitted

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

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

—

1.f

Applicant was charged with DWI, 2nd offense within five years.

For 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.g

Applicant was charged with being drunk in public and fleeing from law enforcement.

For Applicant

Public Intoxication

Admitted

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

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

—

1.h

Applicant was charged with DWI, 2nd offense within 5-10 years, and refusing a breathalyzer.

For 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	Applicant was charged with assault and battery on a family member.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.b	Applicant violated protective orders.	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.c	Applicant was charged with assault in March 2020.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.d–2.e	2 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant was charged with assault and battery on a family member.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

2.b

Applicant violated protective orders.

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

2.c

Applicant was charged with assault in March 2020.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

2.d–2.e

2 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

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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