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ISCR Case 23-00208 — CASE

Case record

ISCR Case 23-00208

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

Case Profile
Decision Date12/8/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Pamela C. Benson
Government Counsel: Brittany C. M. White
Case Summary
Applicant, a 27-year-old security officer for a Department of Defense contractor, faced security concerns under Guidelines G (Alcohol Consumption) and J (Criminal Conduct) as outlined in a Statement of Reasons issued by the Defense Counterintelligence and Security Agency. The allegations included two alcohol-related arrests: one in December 2019 for driving while intoxicated, resulting in a guilty plea to a lesser charge, and another in December 2021 for felony DWI, where he pled guilty to a misdemeanor. The applicant's criminal behavior raised questions about his reliability and trustworthiness.
During the hearing, the applicant admitted to all allegations and explained that he had not consumed alcohol for approximately 18 months, attributing this change to his probation requirements. He provided details of his past drinking habits and the circumstances surrounding his arrests but did not submit any documentation to support his claims of sobriety. The administrative judge noted that while the applicant had complied with probation requirements, the recent nature of his offenses and lack of formal treatment or counseling did not sufficiently mitigate the security concerns.
The administrative judge ruled against the applicant, concluding that he failed to demonstrate a clear commitment to abstain from alcohol or to modify his behavior in a way that would alleviate concerns about future misconduct. The judge emphasized that the applicant's recent criminal history and ongoing probation indicated a potential risk to national security, leading to the denial of his eligibility for access to classified information.
Guidelines Evaluated
- Guideline GAlcohol Consumption · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 23-00208

deniedDec 8, 2023· Hon. Pamela C. Benson· hearing

Summary

A 27-year-old security officer was denied a security clearance under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct) due to two alcohol-related arrests. The first incident occurred in December 2019, when the applicant was arrested for driving while intoxicated (DWI), later pleading guilty to driving while ability impaired by alcohol (DWAI). This resulted in an alcohol education program, a fine, and a 90-day driver’s license suspension.

In December 2021, the applicant was again arrested, this time for felony DWI, and subsequently pled guilty to a misdemeanor DWI charge. The consequences included a substance abuse evaluation, community service, and a fine. These two arrests raised significant security concerns regarding the applicant's judgment, reliability, and trustworthiness.

The denial was based on the admitted alcohol-related arrests and the applicant's ongoing probation until September 2025, which indicated unresolved issues. The judge determined that insufficient time had passed since the last incident to demonstrate that future misconduct was unlikely, leading to the unfavorable decision.

Why the Applicant Was Denied

The applicant admitted to two alcohol-related arrests, which raised significant security concerns.
The applicant is currently on probation until September 2025, indicating ongoing issues with alcohol consumption and criminal conduct.
Insufficient time has elapsed since the applicant's last alcohol-related incident to demonstrate that future misconduct is unlikely to recur.

Conditions Referenced

Disqualifying

AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
AG ¶ 31(a)appliedPattern of Minor Offenses
AG ¶ 31(c)appliedCurrently on Parole or Probation

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedFeb 2, 2023
Answer filed—
Hearing heldOct 12, 2023via Microsoft Teams
Decision dateDec 8, 2023

Cite For

Denial of Security Clearance Due to Unresolved Alcohol-related Issues
Impact of Ongoing Probation on Security Clearance Eligibility
Insufficient Evidence of Rehabilitation Following Criminal Conduct

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: denied

The judge found against the applicant on both allegations related to alcohol consumption, specifically two incidents of driving while intoxicated (DWI). The applicant's history of alcohol-related offenses and the lack of sufficient time since the last incident contributed to the denial of his security clearance.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant was arrested and charged with driving while intoxicated (DWI) in December 2019, pled guilty to driving while ability impaired by alcohol (DWAI), and was sentenced to complete an alcohol education program, fined, and had his driver’s license suspended for 90 days.	Against 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.b	In December 2021, Applicant was arrested and charged with felony DWI and pled guilty to a misdemeanor charge of DWI, resulting in a requirement to undergo substance abuse evaluation, perform community service, and pay a fine.	Against 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	—	—

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 that the applicant's two alcohol-related arrests raised serious security concerns regarding his judgment, reliability, and trustworthiness. The applicant was denied eligibility for access to classified information due to insufficient mitigation of these concerns.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant's two alcohol-related arrests raise serious security concerns regarding his judgment, reliability, and trustworthiness.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (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.