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ISCR Case 22-01814 — CASE

Case record

ISCR Case 22-01814

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

Case Profile
Decision Date2/7/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert Tuidier
Government Counsel: Adrienne M. Driskill
Case Summary
The applicant in this case was a 57-year-old master technician employed by a defense contractor since 1988, seeking to retain his Secret security clearance. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing security concerns under Guidelines G (alcohol consumption) and J (criminal conduct), detailing nine allegations of alcohol-related offenses, including multiple DUI convictions spanning from 1983 to 2019.
The applicant admitted to all allegations but provided context and mitigation for his past behavior. He acknowledged his struggles with alcohol, which he identified as a disease, and detailed his journey to sobriety, which began after his last DUI arrest in October 2019. He participated in an Intensive Outpatient Program and has maintained sobriety since that time, actively attending Alcoholics Anonymous (AA) meetings and leading sessions. The applicant also submitted evidence of his commitment to sobriety, including a comprehensive evaluation from a psychotherapist stating he no longer met the criteria for Alcohol Use Disorder.
The administrative judge ruled in favor of the applicant, granting him a security clearance. The judge concluded that the applicant had successfully mitigated the security concerns by demonstrating significant and sustained efforts toward recovery, including his proactive engagement in AA and the completion of a treatment program. The judge noted the applicant's long-standing employment, lack of security violations, and positive character references as further support for the decision.
Guidelines Evaluated
- Guideline GAlcohol Consumption · For Applicant
- Guideline JCriminal Conduct · For Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 22-01814

grantedFeb 7, 2024· Hon. Robert Tuidier· hearing

Summary

A 57-year-old master technician was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons detailed a history of alcohol-related offenses, including two citations for illegal transportation of alcohol in State A in 1983 and 1986. Additionally, the applicant faced multiple DUI arrests and convictions: in State B in January 1988, and in State C in February 1996, September 1997, February 2000, March 2006, September 2019, and October 2019. The September and October 2019 DUI charges were adjudicated together.

The administrative judge found that the applicant successfully mitigated these concerns by demonstrating significant rehabilitation. He has maintained sobriety since October 2019, completed two treatment programs, and actively participates in Alcoholics Anonymous, including leading meetings.

Positive character references from colleagues and friends further supported his commitment to recovery and good standing. Based on this evidence of rehabilitation and sustained sobriety, the security clearance was granted.

Why the Applicant Prevailed

The applicant has maintained sobriety since October 2019, demonstrating a clear commitment to recovery.
He successfully completed two treatment programs and actively participates in Alcoholics Anonymous, including leading meetings.
Positive character references from colleagues and friends corroborate his rehabilitation and good standing in the community.

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(c)raisedCurrently on Parole or Probation

Mitigating

AG ¶ 23(b)appliedAcknowledgment of Alcohol Use Pattern and Actions Taken
AG ¶ 23(d)appliedSuccessful Completion of Treatment Program
AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

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

Procedural Posture

SOR issuedOct 6, 2022
Answer filedOct 26, 2022
Hearing heldFeb 23, 2023
Decision dateFeb 7, 2024

Cite For

Mitigation of Alcohol-related Security Concerns Under Guideline G
Successful Rehabilitation in the Context of Multiple Duis
The Importance of Character References in Security Clearance Decisions

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: grantedAUD DIAGNOSEDTREATMENT COMPLETED · FAVORABLE

The judge found that the applicant had multiple DUI convictions but ultimately ruled in favor of the applicant, indicating that he mitigated the security concerns related to alcohol consumption. The applicant demonstrated significant efforts towards rehabilitation and maintained sobriety since October 2019, which contributed to the favorable decision.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant was cited for illegal transportation of alcohol in State A in 1983. He was convicted of, or pleaded guilty, to this offense.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.b	Applicant was cited for illegal transportation of alcohol in State A in May 1986. He was convicted of, or pleaded guilty, to this offense.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.c	Applicant was arrested and charged with DUI in State B in January 1988. He was convicted of, or pleaded guilty, to this offense.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.d	Applicant was arrested and charged with DUI in State C in February 1996. He was convicted of, or pleaded guilty, to this offense.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.e	Applicant was arrested and charged with DUI in State C in September 1997. He was convicted of, or pleaded guilty, to this offense.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.f	Applicant was arrested and charged with DUI in State C in February 2000. He was convicted of, or pleaded guilty, to this offense.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.g	Applicant was arrested and charged with DUI in State C in March 2006. He was convicted of, or pleaded guilty, to this offense.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.h	Applicant was arrested and charged with DUI in State C in September 2019. He was convicted of, or pleaded guilty, to this offense.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.i	Applicant was arrested and charged with DUI in October 2019. The September and October 2019 DUIs were apparently adjudicated together.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—

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.