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ISCR Case 23-00528 — CASE

Case record

ISCR Case 23-00528

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

Case Profile
Decision Date9/12/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: LeRoy F. Foreman
Government Counsel: Brittany C. M. White
Case Summary
The applicant in this case was a 64-year-old project lead for a defense contractor involved with cruise missiles, who submitted a security clearance application in March 2022. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) in March 2024, citing concerns under Guidelines G (Alcohol Consumption) and J (Criminal Conduct). The allegations included a history of alcohol-related incidents, including multiple arrests for driving under the influence.
The applicant admitted to all allegations in the SOR, providing explanations for his past behavior. He acknowledged a long history of alcohol consumption, including a drunk driving incident in 1991 while in the Navy, and subsequent arrests in 2014 and 2020 for driving while intoxicated. He completed court-ordered alcohol education classes and counseling, and he testified that he had not consumed alcohol since his last arrest in November 2020. The applicant expressed a strong desire to avoid alcohol in the future, citing the negative impact it had on his life.
The administrative judge ruled in favor of the applicant, granting eligibility for access to classified information. The judge concluded that the applicant had demonstrated significant rehabilitation and a commitment to abstaining from alcohol, which mitigated the security concerns raised by his past behavior. The judge noted the applicant's proactive steps to address his alcohol issues and his current stable personal circumstances as factors supporting 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. 23-00528

grantedSep 12, 2024· Hon. LeRoy F. Foreman· hearing

Summary

A 64-year-old project lead for a defense contractor was granted a security clearance despite initial concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons cited excessive alcohol consumption as potentially leading to questionable judgment and unreliability, and criminal activity as raising doubts about judgment and trustworthiness. Disqualifying conditions AG ¶ 22(a), AG ¶ 22(b), AG ¶ 22(c), and AG ¶ 31(b) were raised.

However, the Administrative Judge found that the applicant successfully mitigated these concerns. He demonstrated a strong commitment to sobriety by abstaining from alcohol since November 2020. Additionally, he completed court-ordered counseling and regularly attended Alcoholics Anonymous meetings.

The Judge noted that the applicant's past alcohol-related incidents were infrequent and separated by long periods. Mitigating conditions AG ¶ 23(a), AG ¶ 23(b), AG ¶ 23(d), AG ¶ 32(a), and AG ¶ 32(d) were applied, leading to the decision to grant eligibility for access to classified information.

Why the Applicant Prevailed

The applicant abstained from alcohol since November 2020, demonstrating a commitment to sobriety.
He completed court-ordered counseling and attended Alcoholics Anonymous meetings regularly.
The applicant's alcohol-related incidents were infrequent and separated by long periods of time.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(b)raisedAlcohol-related Incidents at Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Mitigating

AG ¶ 23(a)appliedTime Passed or Unusual Circumstances
AG ¶ 23(b)appliedAcknowledgment of Alcohol Use 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

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
— Exec. Or. 10865 § 2.

Procedural Posture

SOR issuedMar 20, 2024
Answer filedMar 29, 2024
Hearing heldAug 6, 2024conducted by video teleconference
Decision dateSep 12, 2024

Cite For

Mitigation of Alcohol Consumption Issues Under Guideline G
Successful Rehabilitation in Criminal Conduct Cases Under Guideline J
Whole-person Analysis in Security Clearance Determinations

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: grantedTREATMENT COMPLETED · FAVORABLE

The judge found that the applicant had a history of alcohol-related incidents, including multiple arrests for driving under the influence. However, the applicant demonstrated significant mitigation by recognizing his alcohol problem, seeking treatment, and completing court-ordered requirements. Ultimately, the judge concluded that the applicant had mitigated the security concerns related to his alcohol consumption, resulting in a granted decision.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Excessive alcohol consumption often leads to the exercise of questionable judgment or the failure to control impulses and can raise questions about an individual's reliability and trustworthiness.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work (c) habitual or binge consumption to the point of impaired judgment	—	—
1.b–1.c	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

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: granted

The judge found that the applicant's criminal conduct raised concerns about his judgment and reliability. However, the applicant successfully mitigated these concerns through evidence of rehabilitation and responsible behavior following his past offenses, leading to a granted decision.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Criminal activity creates doubt about a person's judgment, reliability, and trustworthiness.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—

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.