ISCR Case 22-01853

Case Headnote

ISCR Case No. 22-01853

deniedFeb 7, 2024· Hon. Robert E. Coacher· hearing

Summary

A 40-year-old government contractor was denied a security clearance under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct) due to a history of alcohol-related criminal offenses. The Statement of Reasons detailed six alcohol-related criminal charges, including two DUIs, a conviction for intoxication and criminal trespass, and a public intoxication charge that was dismissed. Another intoxication charge was reduced to disorderly conduct through a plea in abeyance. The applicant also consumed alcohol to the point of intoxication from 2003 to September 2022 and was court-ordered to attend substance-abuse counseling from August 2011 to February 2012.

Disqualifying conditions were raised under both guidelines, specifically AG ¶ 31(a), AG ¶ 31(b), AG ¶ 22(a), and AG ¶ 22(c). While mitigating conditions AG ¶ 32(a), AG ¶ 32(d), AG ¶ 23(a), AG ¶ 23(b), and AG ¶ 23(d) were applied, they were insufficient to overcome the security concerns.

The denial was based on the applicant's multiple alcohol-related offenses, including two DUIs, and inconsistent testimony regarding alcohol consumption, which raised doubts about his reliability and trustworthiness. The judge concluded that the applicant failed to provide sufficient evidence of successful rehabilitation or a clear pattern of modified alcohol consumption.

Why the Applicant Was Denied

The applicant had multiple alcohol-related offenses, including two DUIs and other alcohol-related arrests.
Inconsistent testimony regarding alcohol consumption raised doubts about the applicant's reliability and trustworthiness.
The applicant failed to provide sufficient evidence of successful rehabilitation or a clear pattern of modified alcohol consumption.

Conditions Referenced

Disqualifying

AG ¶ 31(a)appliedPattern of Criminal Conduct
AG ¶ 31(b)appliedEvidence of Criminal Conduct
AG ¶ 22(a)appliedAlcohol-related Incidents
AG ¶ 22(c)appliedHabitual or Binge Consumption

Mitigating

AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's past alcohol-related offenses were too recent and numerous to mitigate concerns.
AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant's inconsistent claims about alcohol consumption and lack of corroboration undermined claims of rehabilitation.
AG ¶ 23(a)rejectedTime Passed or Infrequent BehaviorThe applicant's history of alcohol-related incidents was too significant to consider this mitigating.
AG ¶ 23(b)rejectedAcknowledgment of Alcohol Use and Actions TakenThe applicant's claims of modified consumption were not credible.
AG ¶ 23(d)rejectedCompletion of Treatment ProgramThe applicant's past treatment did not lead to a clear pattern of abstinence.

Key Rule Quoted

“Criminal activity creates doubt about a person’s judgment, reliability, and trustworthiness.”
— AG ¶ 30

Procedural Posture

SOR issuedOct 26, 2022
Answer filedFeb 23, 2023
Hearing heldNov 6, 2023
Decision dateFeb 7, 2024

Cite For

Denial of Security Clearance Due to Multiple Alcohol-related Offenses
Inconsistencies in Applicant's Testimony Regarding Alcohol Consumption
Failure to Demonstrate Successful Rehabilitation After Criminal Conduct

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
2.a	Applicant consumed alcohol to the point of intoxication, at various times, from 2003 to September 2022.	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	—	—
2.b	Applicant was court-ordered to attend substance-abuse outpatient counseling from August 2011 to about February 2012.	Against Applicant	Treatment Non Compliance	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	—	—
2.c	The allegation regarding court-ordered attendance at an alcohol treatment program in 2011 does not establish any disqualifying condition.	For Applicant	Unspecified Alcohol Incident	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Applicant consumed alcohol to the point of intoxication, at various times, from 2003 to September 2022.

Against Applicant

Binge or Intoxication Pattern

Admitted

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

(b) alcohol-related incident at work

—

2.b

Applicant was court-ordered to attend substance-abuse outpatient counseling from August 2011 to about February 2012.

Against Applicant

Treatment Non Compliance

Admitted

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

(b) alcohol-related incident at work

—

2.c

The allegation regarding court-ordered attendance at an alcohol treatment program in 2011 does not establish any disqualifying condition.

For Applicant

Unspecified Alcohol Incident

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was charged with alcohol-related criminal offenses on six occasions.	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	Applicant was charged with public intoxication, which charge was dismissed.	Against Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	Applicant was charged with intoxication and criminal trespass, for which he was convicted on the intoxication charge and sentenced.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	Applicant denied this arrest for DUI in August 2011, and there is no discussion of this incident during his background interview.	For Applicant	Unspecified Criminal Conduct	—	Denied	—	—	—
1.e	Applicant was charged with DUI and refusal to take a chemical test for alcohol, for which he was convicted and sentenced.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	Applicant was charged with intoxication, which charge was reduced to disorderly conduct as part of a plea in abeyance.	Against Applicant	Unspecified Criminal Conduct	Diversion or Deferred	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was charged with alcohol-related criminal offenses on six occasions.

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.b

Applicant was charged with public intoxication, which charge was dismissed.

Against Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.c

Applicant was charged with intoxication and criminal trespass, for which he was convicted on the intoxication charge and sentenced.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.d

Applicant denied this arrest for DUI in August 2011, and there is no discussion of this incident during his background interview.

For Applicant

Unspecified Criminal Conduct

—

Denied

—

1.e

Applicant was charged with DUI and refusal to take a chemical test for alcohol, for which he was convicted and sentenced.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.f

Applicant was charged with intoxication, which charge was reduced to disorderly conduct as part of a plea in abeyance.

Against Applicant

Unspecified Criminal Conduct

Diversion or Deferred

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision