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ISCR Case 23-00894 — CASE

Case record

ISCR Case 23-00894

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

Case Profile
Decision Date3/4/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Darlene Lokey Anderson
Government Counsel: Mark D. Lawton
Case Summary
The applicant, a 52-year-old male employed as a General Laborer by a defense contractor, sought a security clearance after submitting an application on June 23, 2022. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) on July 11, 2023, citing concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The SOR detailed the applicant's extensive history of alcohol abuse and multiple criminal offenses, including several DUI charges and incidents of domestic violence.
The applicant admitted to the allegations in the SOR, acknowledging his status as a recovering alcoholic and his history of alcohol-related incidents, which began at a young age. He reported periods of sobriety followed by relapses, with his most recent treatment for Alcohol Use Disorder occurring in August 2022. Despite his admissions, he did not provide substantial evidence in mitigation and failed to respond to the Government's File of Relevant Material.
The administrative judge ruled against the applicant, concluding that the evidence presented raised significant security concerns regarding his reliability and trustworthiness. The judge noted the applicant's extensive criminal history related to alcohol, his failure to maintain sobriety after treatment, and the lack of mitigating factors to alleviate the concerns. The decision emphasized the paramount importance of national security and the need for individuals with access to classified information to demonstrate a consistent pattern of responsible behavior.
Guidelines Evaluated
- Guideline GAlcohol Consumption · Against Applicant
- Guideline JCriminal Conduct · Against 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. 23-00894

deniedMar 4, 2024· Hon. Darlene Lokey Anderson· hearing

Summary

A 52-year-old applicant was denied a security clearance under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct) due to a documented history of excessive alcohol use and related criminal conduct. The Statement of Reasons specifically cited the applicant's pattern of excessive alcohol consumption and multiple arrests and convictions for driving under the influence and other alcohol-related offenses.

Disqualifying conditions were raised under several paragraphs of both guidelines, including AG ¶ 22(a), (c), (d), (e), (f) and AG ¶ 31(a), (b). The denial was based on the applicant's long history of excessive alcohol consumption, which included five DUIs.

Despite acknowledging his alcoholism and undergoing treatment, the applicant failed to demonstrate a sufficient period of sobriety or reliable rehabilitation efforts. The decision noted that the applicant did not provide evidence to support his claims of rehabilitation or abstinence from alcohol following treatment, leading to the conclusion that he failed to mitigate the security concerns associated with his conduct.

Why the Applicant Was Denied

The applicant has a long history of excessive alcohol consumption and multiple criminal offenses, including five DUIs.
The applicant failed to demonstrate a sufficient period of sobriety or reliable rehabilitation efforts to mitigate security concerns.
The applicant did not provide evidence to support his claims of rehabilitation or abstinence from alcohol following treatment.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 22(d)raisedDiagnosis of Alcohol Use Disorder
AG ¶ 22(e)raisedFailure to Follow Treatment Advice
AG ¶ 22(f)raisedAlcohol Consumption Not in Accordance with Treatment Recommendations
AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedJul 11, 2023
Answer filedJul 19, 2023
Hearing held—Applicant requested a decision on the written record without a hearing.
Decision dateMar 4, 2024

Cite For

Denial of Security Clearance Due to Extensive Alcohol-related Criminal History
Failure to Mitigate Security Concerns Related to Alcohol Consumption
Impact of Past Criminal Conduct on Security Clearance Eligibility

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: denied

The judge found against the applicant regarding allegations of excessive alcohol consumption and related criminal conduct. The applicant has a long history of alcohol-related offenses, including multiple DUIs and other incidents of criminal behavior while intoxicated. The judge concluded that the applicant failed to mitigate the security concerns associated with his alcohol use and criminal history.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant has a history of excessive alcohol consumption and criminal conduct related to alcohol.	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—

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: Decision on RecordDecided: denied

The judge found against the applicant on allegations of criminal conduct related to multiple arrests and convictions for driving under the influence and other alcohol-related offenses. The applicant's extensive history of alcohol abuse and related criminal behavior raised significant security concerns, leading to a denial of the security clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant has multiple arrests and convictions for driving under the influence and other alcohol-related offenses.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—

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.