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ISCR Case 23-01338 — CASE

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ISCR Case 23-01338

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

Case Profile
Decision Date10/11/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Edward W. Loughran
Government Counsel: Tara R. Karoian
Case Summary
The applicant in this case was a 48-year-old employee of a defense contractor who had been working for her employer since 2020. The Department of Defense (DoD) issued a Statement of Reasons (SOR) citing security concerns under Guidelines G (alcohol consumption) and I (psychological conditions) due to the applicant's history of mental health issues and alcohol problems, including multiple hospitalizations for alcohol use disorder and major depressive disorder.
During the proceedings, the applicant admitted to her past struggles with alcohol addiction but emphasized her successful rehabilitation efforts. She reported being sober since October 2022 and actively participating in therapy. The administrative judge found that the applicant had demonstrated a clear pattern of abstinence and that her mental health conditions were under control, with a low probability of recurrence. The judge noted the applicability of mitigating conditions and concluded that the applicant's current reliability, trustworthiness, and good judgment were not in doubt.
Ultimately, the administrative judge ruled in favor of the applicant, stating that she met her burden of persuasion to show that granting her eligibility for access to classified information was clearly consistent with the national interest.
Guidelines Evaluated
- Guideline GAlcohol Consumption · For Applicant
- Guideline IPsychological Conditions · For Applicant
Similar decisions
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Case Headnote

ISCR Case No. 23-01338

grantedOct 11, 2024· Hon. Edward W. Loughran· hearing

Summary

A 48-year-old defense contractor employee was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline I (Psychological Conditions). The Statement of Reasons cited a history of alcohol problems, including multiple hospitalizations due to heavy drinking, and mental health issues, specifically major depressive disorder.

Disqualifying conditions were raised under both guidelines, referencing the applicant's past alcohol and psychological issues. However, the decision ultimately applied several mitigating conditions.

The clearance was granted because the applicant has maintained sobriety since October 2022, demonstrating successful rehabilitation. The judge determined that the applicant's alcohol and mental health conditions are now under control, with a low probability of recurrence. Consequently, the applicant's reliability and trustworthiness were not found to be in doubt.

Why the Applicant Prevailed

The applicant has been sober since October 2022, demonstrating successful rehabilitation.
The applicant's alcohol and mental health conditions are under control with a low probability of recurrence.
The judge found that the applicant's reliability and trustworthiness were not in doubt.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents
AG ¶ 22(c)raisedAlcohol Abuse
AG ¶ 22(d)raisedFailure to Follow Treatment
AG ¶ 28(a)raisedPsychological Conditions
AG ¶ 28(b)raisedEmotional Instability
AG ¶ 28(c)raisedFailure to Seek Treatment

Mitigating

AG ¶ 23(a)appliedSuccessful Rehabilitation
AG ¶ 23(b)appliedAbstinence
AG ¶ 29(a)appliedMental Health Under Control
AG ¶ 29(e)appliedWhole-person Concept

Key Rule Quoted

“I weighed the evidence as a whole and considered if the favorable evidence outweighed the unfavorable evidence.”

Procedural Posture

SOR issuedDec 27, 2023
Answer filedJan 3, 2024
Hearing heldSep 26, 2024
Decision dateOct 11, 2024

Cite For

Successful Rehabilitation Under Guideline G
Abstinence as a Mitigating Factor Under Guideline G
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 G (Alcohol Consumption) · descriptive summary of a decided case

Posture: Decision on RecordDecided: grantedAUD DIAGNOSEDTREATMENT COMPLETED · FAVORABLE

The applicant has a history of alcohol problems, including multiple hospitalizations due to heavy drinking. However, the judge found evidence of successful rehabilitation, noting that the applicant has been sober since October 2022 and continues to attend therapy. The case was decided in favor of the applicant, indicating that her alcohol issues are under control and pose a low risk of recurrence.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1	Applicant has a history of alcohol problems and was hospitalized multiple times due to heavy drinking.	For Applicant	Alcohol Related Hospitalization	Denied	(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	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence (a) so much time has passed / so infrequent that it is unlikely to recur (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—

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 I (Psychological Conditions) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The Applicant has a history of mental health issues, specifically major depressive disorder, but has demonstrated successful rehabilitation and control over her conditions. The judge found that her mental health issues are under control with a low probability of recurrence, leading to a decision in favor of the Applicant.

¶	Allegation	Finding	Type	Response	Disqualifying (¶28)	Mitigating applied (¶29)	Mitigation
1.a	Applicant has a history of mental health issues including major depressive disorder.	For Applicant	Mood Disorder Diagnosed	Admitted	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per… (c) voluntary or involuntary inpatient hospitalization (d) failure to follow a prescribed treatment plan related to a diagnosed condition that may impair judgment/stability/reliability/trustworthiness (incl. f…	(a) the identified condition is readily controllable with treatment, and the individual has demonstrated ongoing and consistent compliance with the treatm… (b) voluntarily entered a counseling/treatment program for a condition amenable to treatment and is currently receiving counseling/treatment with a favora… (c) recent opinion by a duly qualified mental health professional (approved by/acceptable to the U.S. Gov) that the previous condition is under control or…	—

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

Full decision

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