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ISCR Case 23-00117 — CASE

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ISCR Case 23-00117

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

Case Profile
Decision Date2/28/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Carol G. Ricciardello
Government Counsel: Andrea M. Corrales
Applicant's Counsel: Rendal B. Miller
Case Summary
The applicant in this case was a 61-year-old individual who sought a security clearance but faced allegations under Guideline G concerning alcohol consumption. The Statement of Reasons (SOR) outlined multiple incidents of driving under the influence (DUI) and a history of alcohol use disorder, including five DUI arrests spanning from 1983 to 2006. The applicant admitted to several allegations in the SOR but denied others, including a domestic battery charge and claims regarding his treatment for alcohol use disorder.
Key facts revealed that the applicant had a long history of alcohol abuse, with significant consumption patterns documented over the years. He voluntarily sought inpatient treatment for alcohol use disorder in 2021 and reported a positive prognosis upon discharge. However, he later admitted to consuming alcohol on occasion after treatment, which raised concerns about his commitment to abstinence. The applicant claimed to have reduced his alcohol intake and attended Alcoholics Anonymous meetings, but the administrative judge found that he had not sufficiently mitigated the security concerns related to his alcohol consumption.
The administrative judge ruled against the applicant, concluding that he failed to demonstrate adequate rehabilitation or a sustained commitment to abstaining from alcohol. The judge emphasized the seriousness of the applicant's past behavior and the potential risks associated with his alcohol use, ultimately denying his eligibility for access to classified information.
Guidelines Evaluated
- Guideline GAlcohol Consumption · Against Applicant
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Case Headnote

ISCR Case No. 23-00117

deniedFeb 28, 2024· Hon. Carol G. Ricciardello· hearing

Summary

A 61-year-old male applicant was denied a security clearance under Guideline G (Alcohol Consumption) due to unmitigated concerns regarding his alcohol use. The applicant's history included multiple alcohol-related incidents spanning several decades.

Specific allegations included six arrests for driving under the influence (DUI) between 1986 and 2006, an arrest for public intoxication in 1983 after totaling his vehicle, and an arrest for domestic battery in 2008 following alcohol consumption. In 1989, he was also charged with DUI and controlled substance possession. More recently, the applicant received inpatient treatment for Alcohol Use Disorder from August to September 2021 and resigned from employment in December 2021 after his supervisor allegedly smelled alcohol on his breath.

The denial was based on the applicant's failure to provide evidence of compliance with treatment recommendations for his Alcohol Use Disorder. Additionally, inconsistent statements about his alcohol consumption raised doubts about his reliability, and his history of multiple DUI arrests demonstrated a pattern of maladaptive alcohol use.

Why the Applicant Was Denied

The applicant failed to provide evidence of compliance with treatment recommendations for Alcohol Use Disorder.
Inconsistent statements regarding alcohol consumption raised doubts about the applicant's reliability and trustworthiness.
The applicant's history of multiple DUI arrests demonstrated a pattern of maladaptive alcohol use.

Conditions Referenced

Disqualifying

AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
AG ¶ 22(d)appliedDiagnosis of Alcohol Use Disorder
AG ¶ 22(e)appliedFailure to Follow Treatment Advice
AG ¶ 22(f)appliedAlcohol Consumption Not in Accordance with Treatment Recommendations

Key Rule Quoted

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

Procedural Posture

SOR issuedJul 11, 2023
Answer filedJul 30, 2023
Hearing held—Decided on the written record.
Decision dateFeb 28, 2024

Cite For

Failure to Mitigate Alcohol Consumption Concerns Under Guideline G
Inconsistent Statements Regarding Alcohol Use as a Basis for Denial
Importance of Compliance with Treatment Recommendations for Alcohol Use Disorder

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: deniedAUD DIAGNOSED

The judge found multiple allegations against the applicant regarding alcohol consumption, including several DUI arrests and a diagnosis of Alcohol Use Disorder. The applicant's claims of treatment compliance and ongoing sobriety were not sufficiently supported by evidence, leading to a denial of the application.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	In or around January 1983, you were arrested and charged with public intoxication after the police found alcohol in your vehicle, which you totaled after falling asleep while driving.	Against Applicant	Public Intoxication	Denied	—	—	—
1.b	In about October 1986, you were arrested and charged with driving under the influence (DUI).	Against Applicant	DUI or DWI Alcohol	Denied	—	—	—
1.c	In about October 1989, you were arrested and charged with (1) DUI of liquor or drugs, and (2) controlled substance, possession prohibited.	Against Applicant	DUI or DWI Alcohol	Denied	—	—	—
1.d	In or about January 1993, you were arrested and charged with DUI.	Against Applicant	DUI or DWI Alcohol	Denied	—	—	—
1.e	In or around October 2001, you were arrested and charged with DUI.	Against Applicant	DUI or DWI Alcohol	Denied	—	—	—
1.f	In or around April 2006, you were arrested and charged with DUI.	Against Applicant	DUI or DWI Alcohol	Denied	—	—	—
1.g	Around May 2008, you were arrested and charged with domestic battery-violence following an altercation with your spouse after consuming approximately four to five beers.	Against Applicant	Alcohol Related Arrest	Denied	—	—	—
1.h	You received inpatient treatment from about August 2021 to September 2021 for a condition diagnosed as Alcohol Use Disorder.	Against Applicant	Alcohol Use Disorder Diagnosed	Denied	—	—	Claimed Substance Treatment Completed
1.i	In approximately December 2021, you resigned in lieu of being terminated from employment after your supervisor allegedly smelled alcohol on your breath when you reported to work.	For Applicant	Intoxication at Work or Duty	Denied	—	—	—
1.j	You continue to consume alcohol and have failed to take your prescribed medication to help alcohol cravings and abstention in accordance with your treatment advice and recommendations.	Against Applicant	Continued Use After Treatment	Denied	—	—	—

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.