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ISCR Case 23-00897 — CASE

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ISCR Case 23-00897

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

Case Profile
Decision Date6/25/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert E. Coacher
Government Counsel: Jeff A. Nagel
Case Summary
The applicant in this case was a 29-year-old engineer employed by a defense contractor since January 2020. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) citing security concerns under Guidelines G (alcohol consumption), J (criminal conduct), H (drug involvement and substance misuse), and E (personal conduct). The core allegations included a 2021 vehicular assault-DUI conviction, excessive alcohol consumption, and a history of drug use.
The applicant admitted to the allegations under Guidelines J, G, and H, acknowledging his past alcohol and drug use, while denying the allegations under Guideline E. He provided explanations for his behavior, attributing his excessive drinking to isolation during the pandemic and expressing remorse for his actions. He completed court-ordered alcohol education and therapy, maintained sobriety since the incident, and engaged in community service. The applicant also demonstrated compliance with probation requirements and received positive endorsements from his employer and community service organization.
The administrative judge ruled in favor of the applicant, concluding that he had successfully mitigated the government's security concerns. The judge noted the applicant's sincere remorse, commitment to sobriety, and proactive steps taken to address his past behavior, which indicated a low risk for future misconduct. As a result, the applicant was granted eligibility for a security clearance.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline GAlcohol Consumption · For Applicant
- Guideline HDrug Involvement & Substance Misuse · For Applicant
- Guideline JCriminal Conduct · For Applicant
Similar decisions
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Case Headnote

ISCR Case No. 23-00897

grantedJun 25, 2024· Hon. Robert E. Coacher· hearing

Summary

A 29-year-old engineer was granted a security clearance despite concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). These concerns stemmed from a March 2021 vehicular assault-DUI charge, for which he pleaded guilty and received a sentence including over $11,000 in fines, 1.5 years’ confinement, 15 years’ probation until 2036, and 596 hours of community service.

Additionally, the applicant had a history of drug involvement, including marijuana use from June 2013 to December 2015, unprescribed Adderall use from October 2015 to June 2017, cocaine use from August 2017 to March 2018, and hallucinogenic mushroom use from July 2019 to August 2019.

The judge found the applicant's testimony credible, noting his successful mitigation of these issues. He demonstrated over three years of sobriety since the incident, completed all court-ordered requirements including community service and treatment programs, and showed a commitment to rehabilitation through ongoing participation in Alcoholics Anonymous. Based on these mitigating factors, the applicant was granted eligibility for a security clearance.

Why the Applicant Prevailed

The applicant maintained sobriety for over three years since the incident.
He completed all court-ordered requirements, including community service and treatment programs.
The applicant demonstrated a commitment to rehabilitation through ongoing participation in Alcoholics Anonymous.

Conditions Referenced

Disqualifying

AG ¶ 31(b)raisedCriminal Conduct
AG ¶ 31(c)raisedCurrently on Probation
AG ¶ 25(a)raisedSubstance Misuse

Mitigating

AG ¶ 23(a)appliedTime Passed Since Alcohol-related Incidents
AG ¶ 23(d)appliedSuccessful Completion of Treatment Program
AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 17(c)appliedBehavior Unlikely to Recur Due to Time Passed

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJun 13, 2023
Answer filednullUndated response with attachments.
Hearing heldFeb 20, 2024Hearing was held as scheduled.
Decision dateJun 25, 2024

Cite For

Mitigation of Alcohol-related Security Concerns Under Guideline G
Successful Rehabilitation and Compliance with Probation Requirements
Consideration of the Whole-person Concept in Security Clearance Decisions

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 E (Personal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant mitigated personal conduct concerns under Guideline E. The applicant's admissions and subsequent actions demonstrated a commitment to sobriety and responsibility following a serious incident involving alcohol.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a–3.b	2 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Descriptive standardized rendering of a decided public case (Guideline E). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline G (Alcohol Consumption) · descriptive summary of a decided case

Posture: Decision on RecordDecided: grantedAUD DIAGNOSEDTREATMENT COMPLETED · FAVORABLE

The judge found that the applicant was charged with Vehicular Assault-DUI in March 2021, for which he pleaded guilty and received a sentence that included confinement, probation, and community service. Despite this serious incident, the judge concluded that the applicant had taken significant steps towards rehabilitation and demonstrated a commitment to sobriety, ultimately ruling in favor of the applicant under Guideline G.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant was charged in March 2021, with Vehicular Assault-DUI, for which he pleaded guilty and was sentenced to fines of over $11,000; one and a half years’ confinement, 15 years’ probation; and 596 hours of community service.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.b–1.d	3 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 H (Drug Involvement) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant used marijuana, Adderall without a prescription, cocaine, and hallucinogenic mushrooms over various periods. However, the applicant's admissions and subsequent actions demonstrated significant rehabilitation efforts, leading to a decision in favor of granting a security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant used marijuana from June 2013 to December 2015; used Adderall, without a prescription, from October 2015 to June 2017; used cocaine from August 2017 to March 2018; and used hallucinogenic mushrooms from July 2019 to August 2019.	For Applicant	Marijuana	Experimental	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Rehabilitation Evidence Documented Abstinence Period Documented
2.b–2.d	3 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

Descriptive standardized rendering of a decided public case (Guideline H). 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: granted

The judge found that the applicant was arrested and charged with vehicular Assault-DUI in March 2021, to which he pleaded guilty. He was sentenced to fines, confinement, probation, and community service. Despite this serious offense, the judge ruled in favor of the applicant, crediting his efforts towards rehabilitation and sobriety since the incident. The applicant's commitment to treatment and community service contributed to the decision to grant him eligibility for a security clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
4.a	In about March 2021, you were arrested and charged with vehicular Assault-DUI, in County A, State A. You plead guilty, and were sentenced to fines and fees, of $11,355, 1.5 years confinement, 15 years’ probation, and 596 hours of community service. You are still on probation and will remain so until the year 2036.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure	Documented Substance Treatment Completed Documented No Subsequent Offenses

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.