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ISCR Case 23-00891 — CASE

Case record

ISCR Case 23-00891

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

Case Profile
Decision Date2/6/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Mark W. Harvey
Government Counsel: Tara R. Karoian
Case Summary
The applicant in this case was a 40-year-old supervisor and avionics technician employed by a defense contractor for seven years. He faced security concerns under Guideline G (alcohol consumption) and Guideline J (criminal conduct) due to a DUI arrest in July 2022, for which he pleaded guilty and was sentenced to three years of probation and a six-month alcohol program. The Statement of Reasons (SOR) outlined these concerns, indicating that the applicant's conduct raised questions about his judgment and reliability.
During the hearing, the applicant admitted to the DUI charge and provided mitigating information, including his completion of the alcohol program and his assertion that he rarely consumed alcohol due to work restrictions. He claimed to have only consumed three drinks on the night of the incident and expressed regret over his actions, acknowledging the seriousness of driving after drinking. However, he also maintained that he did not feel impaired when he left the bar and suggested that other factors may have contributed to his condition at the time of the arrest.
The administrative judge ruled that while the applicant mitigated concerns related to alcohol consumption, he failed to mitigate the security concerns associated with his criminal conduct. The judge emphasized that the DUI conviction raised significant doubts about the applicant's judgment and reliability, ultimately leading to a denial of his eligibility for access to classified information.
Guidelines Evaluated
- Guideline GAlcohol Consumption · For Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 23-00891

deniedFeb 6, 2024· Hon. Mark W. Harvey· hearing

Summary

A 40-year-old avionics technician and former Air Force staff sergeant was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). In July 2022, the applicant was arrested and charged with Driving Under the Influence (DUI). He subsequently pleaded guilty, and in March 2023, he was sentenced to three years of probation and mandated to complete a six-month first offender alcohol program.

While the applicant successfully mitigated the concerns related to alcohol consumption under Guideline G, the judge determined that the criminal conduct associated with the DUI conviction remained unmitigated. Disqualifying conditions under both guidelines were raised, though a mitigating condition related to alcohol consumption was applied.

Ultimately, the applicant failed to overcome the security concerns under Guideline J. The judge cited the DUI conviction and the applicant's ongoing probation as evidence of poor judgment, leading to the denial of his security clearance application.

Why the Applicant Prevailed

The applicant mitigated security concerns related to alcohol consumption under Guideline G.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Actions Taken to Overcome It

Key Rule Quoted

“Once a concern arises regarding an applicant’s security clearance eligibility, there is a strong presumption against the grant or maintenance of a security clearance.”
— Dorfmont v. Brown, 913 F. 2d 1399, 1401 (9th Cir. 1990)

Procedural Posture

SOR issuedMay 16, 2023
Answer filedJul 31, 2023
Hearing heldNov 7, 2023via Microsoft Teams
Decision dateFeb 6, 2024

Cite For

Mitigation of Alcohol Consumption Under Guideline G
Disqualifying Conditions Related to Criminal Conduct Under Guideline J
Presumption Against Granting Security Clearance After a Criminal Conviction

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: deniedTREATMENT COMPLETED · FAVORABLE

The judge found that the applicant was arrested for Driving Under the Influence of Alcohol (DUI) in July 2022, pleaded guilty, and was sentenced to probation and an alcohol program. Although the applicant mitigated some alcohol consumption concerns, the judge ultimately denied the application due to unresolved criminal conduct issues.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	In about July 2022, Applicant was arrested and charged with Driving Under the Influence of Alcohol (DUI). He pleaded guilty, and in March 2023, he was sentenced to three years of probation and to attend six months of first offender alcohol program.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	(b) acknowledges the pattern and has established modified use or abstinence	—

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: denied

The judge found against the applicant on the criminal conduct allegations under Guideline J, specifically regarding a DUI conviction. The applicant admitted to the allegations but was unable to sufficiently mitigate the concerns related to his criminal conduct, resulting in a denied clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The conduct in SOR ¶ 1.a under Guideline J.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—

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.