ISCR Case 23-00889

Case Headnote

ISCR Case No. 23-00889

grantedFeb 29, 2024· Hon. Charles C. Hale· hearing

Summary

A 46-year-old male applicant was granted a security clearance despite a history of alcohol consumption and criminal conduct. The Statement of Reasons detailed several incidents, including a January 1997 arrest for Battery/Bodily Harm and Possession of Liquor by a Minor, and a March 2000 arrest for controlling a vehicle while drunk on a military base. Between November 1998 and July 2000, he faced charges under Article 15 of the Uniform Code of Military Justice (UCMJ) for driving while intoxicated.

Further allegations included a March 1995 charge for Sexual Assault - Felony and Sexual Misconduct - 1st Misdemeanor, a May 2000 arrest for Battery - 3rd Degree and Criminal Mischief - 1st Degree, and a 2016 UCMJ Article 112a charge for wrongful marijuana use and a positive urinalysis. These issues raised concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct).

However, the administrative judge found that the applicant successfully mitigated these concerns. Key factors included over 20 years without any alcohol-related incidents, his honorable military service, and the completion of required classes. The applicant also provided evidence of significant lifestyle changes and a clear pattern of modified consumption, leading to the conclusion that granting eligibility for classified information aligns with national security interests.

Why the Applicant Prevailed

The applicant demonstrated over 20 years without alcohol-related incidents after a history of alcohol-related offenses.
The applicant's honorable military service and completion of required classes contributed to mitigating concerns.
The applicant provided evidence of lifestyle changes and a clear pattern of modified consumption.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 23(a)appliedTime Has Passed Since Incidents
AG ¶ 23(b)appliedAcknowledgment of Past Issues and Evidence of Change
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 issuedJul 25, 2023
Answer filed—Requested decision on the written record without a hearing.
Hearing held—Decision made based on written record.
Decision dateFeb 29, 2024

Cite For

Mitigation of Alcohol-related Incidents Under Guideline G
Successful Rehabilitation in Criminal Conduct Cases Under Guideline J
Whole-person Concept 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.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant admits that in January 1997, at age 17, he was arrested and charged with Battery/Bodily Harm and Possession of Liquor by Minor.	For Applicant	Underage Drinking	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence	Claimed Abstinence Period Documented
1.b	Applicant admits that in March 2000, he was arrested and charged with controlling a vehicle while drunk on a military base.	For Applicant	DUI or DWI Alcohol	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence	Claimed Abstinence Period Documented
1.c	Applicant admits that between November 1998 and July 2000, he was charged with a violation of Article 15 under the Uniform Code of Military Justice for driving while intoxicated.	For Applicant	DUI or DWI Alcohol	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence	Claimed Abstinence Period Documented

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant admits that in January 1997, at age 17, he was arrested and charged with Battery/Bodily Harm and Possession of Liquor by Minor.

For Applicant

Underage Drinking

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

Claimed

Abstinence Period Documented

1.b

Applicant admits that in March 2000, he was arrested and charged with controlling a vehicle while drunk on a military base.

For Applicant

DUI or DWI Alcohol

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

Claimed

Abstinence Period Documented

1.c

Applicant admits that between November 1998 and July 2000, he was charged with a violation of Article 15 under the Uniform Code of Military Justice for driving while intoxicated.

For Applicant

DUI or DWI Alcohol

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

Claimed

Abstinence Period Documented

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant admits that in March 1995, at age 17 he was charged with Sexual Assault - Felony and Sexual Misconduct - 1st Misdemeanor.	For Applicant	Sexual Offense Criminal	Charged Not Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
2.b	Applicant admits that in May 2000, he was arrested and charged with Battery - 3rd Degree, and Criminal Mischief - 1st Degree.	For Applicant	Assault or Battery	Charged Not Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
2.c	Applicant admits that in 2016 while on active duty he was charged with a violation of the Uniform Code of Military Justice, Article 112a, for wrongfully using marijuana and testing positive on a command urinalysis.	For Applicant	Drug Related Criminal Charge	Charged Not Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
2.d	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant admits that in March 1995, at age 17 he was charged with Sexual Assault - Felony and Sexual Misconduct - 1st Misdemeanor.

For Applicant

Sexual Offense Criminal

Charged Not Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

2.b

Applicant admits that in May 2000, he was arrested and charged with Battery - 3rd Degree, and Criminal Mischief - 1st Degree.

For Applicant

Assault or Battery

Charged Not Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

2.c

Applicant admits that in 2016 while on active duty he was charged with a violation of the Uniform Code of Military Justice, Article 112a, for wrongfully using marijuana and testing positive on a command urinalysis.

For Applicant

Drug Related Criminal Charge

Charged Not Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

2.d

specific text not stated in this decision

For Applicant

Unspecified Criminal Conduct

—

Unknown

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION