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ISCR Case 23-01147 — CASE

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ISCR Case 23-01147

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

Case Profile
Decision Date1/24/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: Jeff A. Nagel
Case Summary
the years since the behavior occurred.
The applicant, a 40-year-old military veteran, faced security concerns under Guideline G related to alcohol consumption. The Statement of Reasons (SOR) outlined multiple incidents, including two DUI arrests in 2009 and 2017, and several diagnoses of severe alcohol use disorder following treatment at various rehabilitation programs. The applicant admitted to all allegations in the SOR, acknowledging a history of excessive alcohol consumption and its negative impact on his life, including issues related to post-traumatic stress disorder (PTSD).
In his response, the applicant indicated that he had not consumed alcohol since July 2022 and had participated in various treatment programs. However, he did not provide corroborating evidence or documentation to support his claims of sobriety or ongoing participation in support groups like Alcoholics Anonymous. The administrative judge ruled against the applicant, concluding that he failed to sufficiently mitigate the security concerns associated with his alcohol use. The judge noted the applicant's history of severe alcohol use disorder and the lack of evidence demonstrating a sustained period of abstinence or a clear pattern of modified behavior, ultimately determining that the applicant's past behavior raised significant doubts about his reliability and trustworthiness.
Guidelines Evaluated
- Guideline GAlcohol Consumption · Against Applicant
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Case Headnote

ISCR Case No. 23-01147

deniedJan 24, 2024· Hon. Carol G. Ricciardello· hearing

Summary

A 40-year-old military member was denied a security clearance under Guideline G (Alcohol Consumption) due to a history of severe alcohol use disorder and multiple DUI charges. The Statement of Reasons detailed several incidents, including DUI arrests in October 2009 and January 2017. The applicant received treatment at a Substance Abuse Rehabilitation Program (SARP) from May to June 2014 and again from March to April 2017, each time diagnosed with severe alcohol use disorder.

Further allegations included charges under the Uniform Code of Military Justice in July 2017 for a false official statement and failure to report for duty due to excessive alcohol consumption. The applicant also received treatment at a behavioral health clinic from April to May 2019 and at a hospital from September to December 2019, with continued diagnoses of severe alcohol use disorder. Despite these interventions, the applicant continued excessive alcohol consumption until July 2022.

The denial was based on the applicant's failure to provide sufficient evidence of sustained sobriety or compliance with treatment recommendations. The administrative judge found that the applicant's history of alcohol abuse raised significant concerns about reliability and trustworthiness, noting a lack of corroborating documents or evidence of current participation in counseling or treatment.

Why the Applicant Was Denied

The applicant failed to provide sufficient evidence of sustained sobriety or compliance with treatment recommendations.
The applicant's history of alcohol abuse raised significant concerns regarding reliability and trustworthiness.
The applicant did not provide corroborating documents or evidence of current participation in counseling or treatment.

Conditions Referenced

Disqualifying

AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
AG ¶ 22(d)appliedDiagnosis of Alcohol Use Disorder

Key Rule Quoted

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

Procedural Posture

SOR issuedJul 19, 2023
Answer filedJul 25, 2023Applicant elected to decide on the written record.
Hearing held—No hearing; decided on the written record.
Decision dateJan 24, 2024

Cite For

Failure to Mitigate Alcohol Consumption Concerns Under Guideline G
Insufficient Evidence of Sustained Sobriety
Reliability and Trustworthiness Concerns Due to Alcohol Abuse History

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: deniedAUD DIAGNOSED

The judge found against the applicant on all allegations related to alcohol consumption, including multiple DUI arrests and a severe diagnosis of alcohol use disorder. Despite receiving treatment on several occasions, the applicant continued to consume alcohol excessively, leading to a denial of the security clearance.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Arrested and charged with driving under the influence (DUI) of alcohol in October 2009.	Against 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 (d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.b	Received treatment at a Substance Abuse Rehabilitation Program (SARP) from May 2014 to June 2014 and was diagnosed with alcohol use disorder, severe.	Against Applicant	Alcohol Use Disorder Diagnosed	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	—	—
1.c	Arrested and charged with DUI in January 2017.	Against 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 (d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.d	Received treatment at SARP from March 2017 to April 2017 and was diagnosed with alcohol use disorder, severe.	Against Applicant	Alcohol Use Disorder Diagnosed	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	—	—
1.e	Charged with violations of the Uniform Code of Military Justice (UCMJ) Articles 86, 107, and 134 for providing a false official statement and failing to report to place of duty due to excessive alcohol consumption in July 2017.	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	—	—
1.f	Received treatment at behavioral health clinic from April 2019 to May 2019 and was diagnosed with alcohol use disorder, severe.	Against Applicant	Alcohol Use Disorder Diagnosed	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	—	—
1.g	Received treatment at [X] Hospital from September 2019 to December 2019 and was diagnosed with alcohol use disorder, severe.	Against Applicant	Alcohol Use Disorder Diagnosed	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	—	—
1.h	Continued to consume alcohol excessively and to the point of intoxication until July 2022, notwithstanding being diagnosed with alcohol use disorder, severe on several occasions.	Against Applicant	Continued Use After Treatment	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	—	—

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

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.