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ISCR Case 23-01090 — CASE

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ISCR Case 23-01090

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

Case Profile
Decision Date11/4/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Marc E. Curry
Government Counsel: Alison P. O'Connell
Applicant's Counsel: Patrick J. Hughes
Case Summary
The applicant in this case was a 62-year-old man with a history of military service and a long-standing career in cybersecurity. The Defense Counterintelligence and Security Agency issued a Statement of Reasons citing concerns under Guideline G (alcohol consumption) and Guideline J (criminal conduct) due to the applicant's past DUI arrests in 1988, 1991, and a more recent incident in January 2021. The applicant admitted to the allegations but sought a hearing to address the concerns.
During the hearing, the applicant provided evidence of his professional conduct and character, including testimony from character witnesses. He admitted to the DUI incidents but explained that the 2021 charge was dismissed due to lack of probable cause. He also stated that he had not consumed alcohol to the point of intoxication since that incident and limited his alcohol intake to a few beers monthly. The administrative judge found that the applicant had mitigated the concerns regarding both criminal conduct and alcohol consumption, noting the significant time elapsed since the incidents and the applicant's honorable military service and stable career. Consequently, the judge ruled in favor of granting the security clearance.
Guidelines Evaluated
- Guideline GAlcohol Consumption · For Applicant
- Guideline JCriminal Conduct · For Applicant
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Case Headnote

ISCR Case No. 23-01090

grantedNov 4, 2024· Hon. Marc E. Curry· hearing

Summary

A 62-year-old applicant was granted a security clearance after successfully mitigating concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons initially raised disqualifying conditions related to both alcohol consumption and criminal conduct, specifically AG ¶ 22(a) and AG ¶ 22(c).

The applicant demonstrated significant rehabilitation and responsible behavior. His past DUI charges were dismissed due to a lack of probable cause, which mitigated the criminal conduct concern. Furthermore, he has not consumed alcohol to the point of intoxication since January 2021, demonstrating a sustained period of responsible behavior.

The judge applied mitigating conditions AG ¶ 23(a) and AG ¶ 32(c), noting the applicant's long history of honorable service and stable employment as evidence of reliability and trustworthiness. Ultimately, the judge concluded that granting the security clearance was consistent with national security interests.

Why the Applicant Prevailed

The applicant's DUI charges were dismissed due to lack of probable cause, mitigating the criminal conduct concern.
The applicant has not consumed alcohol to the point of intoxication since January 2021, demonstrating responsible behavior.
The applicant's long history of honorable service and stable employment supported a finding of reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedBinge Consumption of Alcohol

Mitigating

AG ¶ 23(a)appliedSo Much Time Has Passed or the Behavior Was so Infrequent
AG ¶ 32(c)appliedNo Reliable Evidence to Support That the Individual Committed the Offense

Key Rule Quoted

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

Procedural Posture

SOR issuedMay 31, 2023
Answer filedJun 5, 2023
Hearing heldMay 30, 2024
Decision dateNov 4, 2024

Cite For

Mitigation of Criminal Conduct Due to Lack of Probable Cause for Arrest
Successful Demonstration of Rehabilitation in Alcohol Consumption Cases
Consideration of Long-term Service and Stable Employment 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 G (Alcohol Consumption) · descriptive summary of a decided case

Posture: HearingDecided: grantedTREATMENT COMPLETED · FAVORABLE

The judge found that the applicant mitigated the alcohol consumption security concerns, despite a history of DUI arrests. The applicant has not consumed alcohol to the point of intoxication since the last arrest in January 2021, and the judge concluded that the applicant's long history of honorable service and the time elapsed since the last incident supported a favorable outcome.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant mitigated the alcohol consumption security concerns.	For Applicant	DUI or DWI Alcohol	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur	—
1.b–1.c	2 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 J (Criminal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant mitigated the criminal conduct security concerns related to multiple DUI arrests. The applicant's recent alcohol-related episode was 30 years ago, and since then, he has served honorably in the military and held a security clearance for 30 years, which contributed to the decision to grant the application.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant mitigated the criminal conduct security concerns.	For Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited 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.