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ISCR Case 22-00396 — CASE

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ISCR Case 22-00396

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

Case Profile
Decision Date7/8/2025
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Related decisionsSee the appeal decision (Case 22-00396) →See the hearing decision (Case ISCR Case No. 22-00396) →See the hearing decision (Case 22-00396) →
Participants
Judge: Ross D. Hyams
Government Counsel: Troy L. Nussbaum
Applicant's Counsel: Carl Anthony Marrone
Case Summary
The applicant in this case was a 51-year-old director of a software management project for a defense contractor, who sought a security clearance after submitting her application in October 2020. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) on March 21, 2022, citing concerns under Guidelines G (alcohol consumption), J (criminal conduct), and I (psychological conditions). The core allegations included a DUI conviction in May 2021 and a history of bipolar disorder and treatment noncompliance.
The applicant admitted to the DUI incident, which resulted in probation and required community service, but asserted that she had not consumed alcohol since the arrest. She denied the allegations related to her psychological condition, arguing that her treatment history was misrepresented and that she had successfully managed her mental health without ongoing medication. The applicant provided evidence of her professional achievements and support from her primary care physician, mother, and friend, which she claimed contributed to her stability.
The administrative judge ruled in favor of the applicant, granting her eligibility for a security clearance. The judge found that the applicant had mitigated the concerns regarding alcohol consumption and criminal conduct, and while the psychological condition allegations were remanded for further detail, the applicant's overall reliability and trustworthiness were deemed sufficient for clearance. The judge noted the applicant's proactive steps in addressing her past issues and her current stability as key factors in the decision.
Guidelines Evaluated
- Guideline GAlcohol Consumption · For Applicant
- Guideline IPsychological Conditions · For Applicant
- Guideline JCriminal Conduct · For Applicant
Similar decisions
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Case Headnote

ISCR Case No. 22-00396

grantedJul 8, 2025· Hon. Ross D. Hyams· hearing

Summary

A 51-year-old director at a defense contractor was granted a security clearance despite concerns under Guidelines G (Alcohol Consumption), I (Psychological Conditions), and J (Criminal Conduct). These concerns stemmed from a DUI incident and a history of mental health treatment.

The judge found the applicant credible, noting the unusual circumstances of the DUI. The applicant successfully demonstrated a clear and established pattern of abstinence from alcohol since the incident, and the specific conditions surrounding the DUI mitigated concerns about her reliability and judgment.

Furthermore, the applicant provided credible evidence of her proactive approach to managing her mental health, including recent evaluations that contradicted earlier diagnoses. Based on these mitigating factors, the applicant was found eligible for a security clearance.

Why the Applicant Prevailed

The applicant successfully demonstrated a clear and established pattern of abstinence from alcohol since the DUI incident.
The unusual circumstances surrounding the DUI incident mitigated concerns about her reliability and judgment.
The applicant provided credible evidence of her proactive approach to managing her mental health, including recent evaluations that contradicted earlier diagnoses.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 28(a)raisedBehavior That Casts Doubt on Judgment

Mitigating

AG ¶ 23(a)appliedUnusual Circumstances of Behavior
AG ¶ 23(b)appliedAcknowledgment and Actions Taken to Overcome Alcohol Issues
AG ¶ 29(a)appliedCondition Is Controllable with Treatment
AG ¶ 29(b)appliedVoluntary Treatment and Favorable Prognosis

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 21, 2022
Answer filedJun 30, 2022
Hearing heldNov 30, 2023
Decision dateJul 8, 2025Decision on remand.

Cite For

Mitigation of Alcohol-related Incidents Under Unusual Circumstances
Successful Rehabilitation From Criminal Conduct
Voluntary Management of Psychological Conditions Leading to Favorable Prognosis

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

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