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ISCR Case 23-00155 — CASE

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ISCR Case 23-00155

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

Case Profile
Decision Date11/8/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert Robinson Gales
Government Counsel: Adrienne M. Driskill
Case Summary
The applicant in this case was a 32-year-old aircraft mechanic employed by a defense contractor, who sought a security clearance after previously holding a secret clearance while serving in the U.S. Navy. The Defense Office of Hearings and Appeals (DOHA) issued a Statement of Reasons (SOR) citing concerns under Guidelines G (Alcohol Consumption) and J (Criminal Conduct). The SOR detailed the applicant's history of alcohol-related incidents, including two DUI arrests, and indicated that the applicant had not sufficiently mitigated these concerns.
In his response to the SOR, the applicant admitted to several alcohol-related incidents but did not address the criminal conduct allegation. He acknowledged undergoing court-ordered alcohol counseling and participating in DUI programs but failed to provide documentation to verify his claims. The applicant maintained that he had reduced his alcohol consumption since becoming a parent, yet he continued to drink regularly and did not recognize his behavior as problematic.
The administrative judge ruled against the applicant, concluding that he had not mitigated the security concerns related to his alcohol consumption and criminal conduct. The judge noted the applicant's lack of acknowledgment of his maladaptive alcohol use and the absence of supporting documentation for his claims of rehabilitation. Consequently, the judge determined that granting the applicant a security clearance was not clearly consistent with the national interest.
Guidelines Evaluated
- Guideline GAlcohol Consumption · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 23-00155

deniedNov 8, 2023· Hon. Robert Robinson Gales· hearing

Summary

A 32-year-old defense contractor employee was denied a security clearance due to unresolved concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant's history included two arrests by the state highway patrol for driving under the influence. The first instance led to court-ordered outpatient alcohol counseling from October 2017 to February 2018.

Despite this, the applicant was again arrested for DUI on or about April 10, 2021, and subsequently received additional court-ordered outpatient alcohol counseling from November 2021 to March 2023. The Statement of Reasons noted that the applicant failed to mitigate security concerns regarding alcohol consumption and continued to consume alcohol even after participating in two DUI programs.

The denial was based on the applicant's admission of multiple alcohol-related incidents and criminal conduct, including the two DUI convictions. Furthermore, he continued to consume alcohol despite treatment, and failed to provide documentation verifying his participation in treatment programs or evidence of rehabilitation. The applicant was found to have not demonstrated a clear pattern of rehabilitation, leading to the conclusion that he failed to mitigate security concerns.

Why the Applicant Was Denied

The applicant admitted to multiple alcohol-related incidents and criminal conduct, including two DUI convictions.
He continues to consume alcohol despite undergoing counseling and treatment programs.
The applicant failed to provide documentation verifying his participation in treatment programs or evidence of rehabilitation.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 31(c)raisedCurrently on Probation

Key Rule Quoted

“Eligibility for access to classified information is denied.”

Procedural Posture

SOR issuedApr 4, 2023
Answer filedApr 10, 2023Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decision based on written record.
Decision dateNov 8, 2023

Cite For

Denial of Security Clearance Due to Unresolved Alcohol Consumption Issues
Impact of Criminal Conduct on Security Clearance Eligibility
Failure to Demonstrate Rehabilitation in Alcohol-related 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: Decision on RecordDecided: denied

The judge found that the applicant failed to mitigate security concerns related to alcohol consumption, including multiple DUI arrests and ongoing alcohol use despite previous counseling. The decision was ultimately denied due to insufficient evidence of rehabilitation and continued alcohol consumption.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant failed to mitigate the security concerns regarding alcohol consumption.	Against Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.b	Applicant received court-ordered out-patient alcohol counseling from a community services facility from about October 2017 to about February 2018.	Against Applicant	Treatment Non Compliance	Admitted	—	—	—
1.c	On or about April 10, 2021, Applicant was again arrested by the state highway patrol for driving under the influence.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.d	Applicant purportedly received court-ordered out-patient alcohol counseling from an unidentified source from about November 2021 to about March 2023.	Against Applicant	Treatment Non Compliance	Admitted	—	—	—
1.e	Despite participating in the DUI program on two occasions, Applicant continues to consume alcohol.	Against Applicant	Continued Use After Treatment	Admitted	—	—	—

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: Decision on RecordDecided: denied

The judge found against the applicant regarding the criminal conduct allegations, specifically two arrests for driving while under the influence. The applicant admitted to the allegations but failed to provide sufficient evidence to mitigate the concerns raised by his criminal history. As a result, the application for clearance was denied.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was arrested by the state highway patrol and charged with driving while under the influence on two occasions.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—

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.