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ISCR Case 23-00656 — CASE

Case record

ISCR Case 23-00656

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

Case Profile
Decision Date6/26/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Related decisionsSee the hearing decision (Case ISCR Case No. 23-00656) →See the hearing decision (Case 23-00656) →
Participants
Judge: Mark W. Harvey
Government Counsel: Andrew H. Henderson
Applicant's Counsel: Christopher Snowden
Case Summary
The applicant in this case was a 42-year-old quality assurance inspector who sought a security clearance but faced allegations under Guidelines G (alcohol consumption), J (criminal conduct), and E (personal conduct). The Statement of Reasons (SOR) outlined concerns related to his history of alcohol-related offenses, including multiple DUIs and drug possession charges, which raised questions about his reliability and judgment.
During the proceedings, the applicant admitted to several allegations in the SOR, including past alcohol consumption and criminal charges, while denying one specific allegation regarding false information provided in response to DOHA interrogatories. He presented evidence of his efforts to mitigate these concerns, including completing court-ordered alcohol education programs, attending substance-use-related meetings, and maintaining abstinence from alcohol since September 2023. The applicant emphasized his commitment to sobriety and his intention to remain abstinent.
The administrative judge ultimately ruled in favor of the applicant, concluding that he had sufficiently mitigated the security concerns associated with his past conduct. The judge noted the applicant's proactive steps towards rehabilitation, his current lifestyle changes, and the absence of any recent violations or security compromises, thereby granting him eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline GAlcohol Consumption · For Applicant
- Guideline JCriminal Conduct · For Applicant
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Case Headnote

ISCR Case No. 23-00656

grantedJun 26, 2024· Hon. Mark W. Harvey· hearing

Summary

A 42-year-old quality assurance inspector was granted eligibility for access to classified information despite concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). These concerns stemmed from a history of DUIs and substance use, which raised disqualifying conditions related to personal conduct and criminal behavior.

However, the judge applied several mitigating conditions, noting the applicant's proactive and sustained efforts toward rehabilitation. The applicant demonstrated a commitment to abstinence from alcohol since September 2023 and actively participated in a church-based alcohol program.

Credible evidence was provided showing the successful completion of all court-ordered requirements and alcohol education programs. Ultimately, the applicant's past offenses were deemed not reflective of their current reliability or trustworthiness, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant demonstrated a commitment to rehabilitation and abstinence from alcohol since September 2023.
The applicant provided credible evidence of successful completion of court-ordered requirements and alcohol education programs.
The applicant's past offenses were deemed not reflective of current reliability or trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Mitigating

AG ¶ 23(a)appliedTime Has Passed Since the Behavior
AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Evidence of Actions Taken
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.”

Procedural Posture

SOR issuedMay 12, 2023
Answer filedMay 19, 2023
Hearing heldMay 7, 2024Applicant requested a delay prior to the hearing.
Decision dateJun 26, 2024

Cite For

Mitigation of Alcohol Consumption Concerns Under Guideline G
Successful Rehabilitation From Past Criminal Conduct Under Guideline J
Consideration of Personal Conduct in the Context of Overall Reliability and Trustworthiness Under Guideline E

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.