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

ISCR Case No. 23-01338

Granted

Decided Oct 11, 2024 · Administrative Judge Edward W. Loughran · Hearing

Case headnote

Summary

The applicant, a 48-year-old defense contractor employee, faced security concerns under Guidelines G and I due to a history of alcohol and mental health issues. Despite multiple past hospitalizations, the applicant has been sober since October 2022 and demonstrated successful rehabilitation, leading to a favorable decision for security clearance.

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) Alcohol-related incidentsraised
  • AG ¶ 22(c) Alcohol abuseraised
  • AG ¶ 22(d) Failure to follow treatmentraised
  • AG ¶ 28(a) Psychological conditionsraised
  • AG ¶ 28(b) Emotional instabilityraised
  • AG ¶ 28(c) Failure to seek treatmentraised

Mitigating

  • AG ¶ 23(a) Successful rehabilitationapplied
  • AG ¶ 23(b) Abstinenceapplied
  • AG ¶ 29(a) Mental health under controlapplied
  • AG ¶ 29(e) Whole-person conceptapplied

Key rule quoted

Procedural posture

SOR issued
2023-12-27
Answer filed
2024-01-03
Hearing held
2024-09-26
Decision date
2024-10-11

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.

From the decision

Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.

Applicant Age
48
Years in Industry
4

Allegations under Guideline G

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1 row in this decision.

It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.

Allegations under Guideline I

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1 row in this decision.

It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.

Descriptive standardized rendering of a decided public case. The verbatim source decision is below.

Full decision

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Decision text, by section

______________ ______________ DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS In the matter of: ) ) ) ISCR Case No. 23-01338 ) Applicant for Security Clearance ) Appearances For Government: Tara Karoian, Esq., Department Counsel For Applicant: Pro se 10/11/2024 Decision LOUGHRAN, Edward W., Administrative Judge: On December 27, 2023, the Department of Defense (DoD) issued a Statement of Reasons to Applicant detailing security concerns under Guidelines G (alcohol consumption) and I (psychological conditions).1 Applicant responded to the SOR on January 3, 2024, and requested a hearing before an administrative judge. The case was assigned to me on July 25, 2024. The hearing convened as scheduled on September 26, 2024. On October 3, 2024, I proposed to the parties that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object. Applicant is a 48-year-old employee of a defense contractor. She has worked for her current employer since 2020. She earned a bachelor’s degree in 2009. She is divorced with two adult children. Applicant has a history of mental health issues and alcohol problems. She was hospitalized in 2015 after drinking heavily, followed by inpatient treatment. She was admitted again in 2016, 2017, 2019, and 2021. Her past diagnoses include alcohol use 1 This case is adjudicated under Executive Order (EO) 10865, Safeguarding Classified Information within Industry (February 20, 1960), as amended; DoD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 1992), as amended (Directive); and the adjudicative Guidelines (AG), which became effective on June 8, 2017.

________________________ disorder and major depressive disorder. She was evaluated at the DoD’s request by a licensed psychologist and diagnosed with alcohol use disorder, mild, in sustained remission. It took time, but Applicant came to realize that she has an alcohol addiction. She has benefitted from treatment and therapy. She has been sober since October 2022 and plans to stay that way for the rest of her life. She continues to attend therapy. The disqualifying conditions under AG ¶¶ 22(a), 22(c), 22(d), 28(a), 28(b), and 28(c) have been raised by the evidence. However, I find evidence of successful rehabilitation, and that Applicant has demonstrated a clear and established pattern of abstinence. Her alcohol problems and mental health conditions are under control and have a low probability of recurrence or exacerbation; she no longer shows indications of emotional instability; and there is no indication of a current problem. The mitigating conditions under AG ¶¶ 23(a), 23(b), 29(a), and 29(e) are applicable. The concerns over Applicant’s alcohol abuse and mental health issues do not create doubt about her current reliability, trustworthiness, good judgment, and ability to protect classified information. In reaching this conclusion, I weighed the evidence as a whole and considered if the favorable evidence outweighed the unfavorable evidence. I also gave due consideration to the whole-person concept. Accordingly, I conclude that she met her ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant her eligibility for access to classified information. This case is decided for Applicant. Edward W. Loughran Administrative Judge