A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 22-01341
GrantedDecided Oct 31, 2024 · Administrative Judge Robert E. Coacher · Hearing
Case headnote
Summary
The applicant, a pro se individual, sought security clearance under concerns related to alcohol consumption (Guideline G) and psychological conditions (Guideline I). The applicant demonstrated over three years of sobriety and received a favorable psychological evaluation, leading the judge to conclude that the applicant met the burden of persuasion for clearance. The decision reflects the applicant's commitment to sobriety and strong support from family and work performance.
Why the applicant prevailed
- The applicant has maintained sobriety for over three years, demonstrating commitment to recovery.
- A favorable psychological evaluation indicated no current mental health concerns beyond Alcohol Use Disorder.
- The applicant's maturity and understanding of the need for abstinence from alcohol were evident.
Conditions referenced
Mitigating
- AG ¶ 23(a) The behavior was not recent and the applicant has shown a significant period of sobriety.applied
- AG ¶ 23(b) The applicant has received support from family and work, contributing to his recovery.applied
- AG ¶ 23(c) The applicant has taken positive steps to address the alcohol use disorder.applied
Key rule quoted
“I also gave due consideration to the whole-person concept.”
Procedural posture
- SOR issued
- 2022-09-19
- Answer filed
- 2022-09-20
- Hearing held
- 2023-03-07 initial hearing
- Supplemental hearing held
- 2024-10-22 reopened case for additional hearing
- Decision date
- 2024-10-31
Cite for
- Demonstrating Significant Sobriety as a Mitigating Factor Under Guideline G
- The Importance of Favorable Psychological Evaluations in Security Clearance Cases
- The Application of the Whole-person Concept in Adjudicating Security Clearance Cases
Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.
From the decision
Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.
- Bankruptcy
- none
Allegations under Guideline G
Reading the 1 per allegation row needs a free account.
1 row in this decision.
It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.
Allegations under Guideline I
Reading the 1 per allegation row needs a free account.
1 row in this decision.
It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.
Descriptive standardized rendering of a decided public case. The verbatim source decision is below.
Full decision
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Decision text, by section
______________ ______________ DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS In the matter of: ) ) ) ISCR Case No. 22-01341 ) Applicant for Security Clearance ) Appearances For Government: Erin P. Thompson, Esq., Department Counsel For Applicant: Pro se 10/31/2024 Decision On September 19, 2022, the Department of Defense (DOD) issued a Statement of Reasons (SOR) to Applicant detailing security concerns under Guideline G, alcohol consumption, and Guideline I, psychological conditions. The action was taken under Executive Order (EO) 10865, Safeguarding Classified Information within Industry (February 20, 1960), as amended; DOD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 1992), as amended (Directive); and the adjudicative guidelines implemented by DOD on June 8, 2017 (AG). On September 20, 2022, Applicant provided a response to the SOR, and requested a hearing before an administrative judge. The case was assigned to another administrative judge on January 26, 2023. A hearing was scheduled and held on March 7, 2023. I was assigned to the case on October 16, 2024. I contacted Applicant offering to reopen his case for another hearing since so much time had passed. He accepted the offer, and a supplemental hearing was scheduled and held on October 22, 2024. During the course of the supplemental hearing, and after completely reviewing the record from the first hearing, I stated on the record that I believed this case was appropriate for a Summary Disposition in Applicant’s favor. Department Counsel did not object. This case involves four allegations of alcohol consumption concerns under Guideline G, and two cross-allegations of psychological conditions concerns under
________________________ Guideline I. Applicant had two alcohol incidents in 2012 while attending college. In 2015, while intoxicated, he made a suicide attempt by overdosing on prescribed medication. He was admitted to a hospital and later diagnosed with Unspecified Episodic Mood Disorder, Personality Disorder, and Alcohol Use Disorder-moderate. In 2021, he underwent a DOD-directed psychological evaluation, where he was again diagnosed with Alcohol Use Disorder-moderate, in early remission. Applicant credibly testified that he has been sober for over three years. His last alcoholic drink was in approximately August 2021, while attending a friend’s wedding. He acknowledged that the Alcohol Use Disorder is accurate and understands that he cannot drink in the future, and he is committed to that course of behavior. He also acknowledged that he was young and immature when the two alcohol incidents occurred while in college. He is an outstanding performer at work and has the full support of his wife and family in his efforts to remain sober. The November 2021 psychological evaluation found that Applicant did not meet the diagnostic criteria for any other mental health concerns other than the Alcohol Use Disorder. The evaluator offered a guarded prognosis concerning future alcohol abuse given the short amount of sobriety at the time of the evaluation (about three months). That concern has been refuted by Applicant’s continued sobriety of over three years. The concerns over Applicant’s alcohol problems and mental health no longer create doubts about his current reliability, trustworthiness, good judgment, and ability to protect classified information. His established period of sobriety and his recognition that he must abstain from alcohol in the future show maturity and a willingness to deal with this condition in a straight-forward manner. In reaching these conclusions, I weighed the evidence as a whole and considered if the favorable evidence outweighed the unfavorable evidence. I also gave due consideration to the whole-person concept. Accordingly, I conclude that he met his ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant his eligibility for access to classified information. This case is decided for Applicant. Clearance is granted. Robert E. Coacher Administrative Judge