ISCR Case 23-00303

Case Headnote

ISCR Case No. 23-00303

grantedFeb 18, 2025· Hon. Ross D. Hyams· hearing

Summary

This case concerns a 38-year-old energy analyst and former Navy service member whose eligibility for a security clearance was reviewed under Guidelines G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The Statement of Reasons detailed a history of alcohol-related incidents between 2009 and 2021, including multiple DUIs in 2017, 2018, and 2021, an arrest in Country A for assault on a police officer and other charges in 2017, and a 2009 barracks violation while intoxicated. He was also ordered by the Navy to attend alcohol abuse counseling in 2011.

Additionally, the applicant faced allegations of marijuana purchase and use from September 2018 to September 2021, including use while holding a sensitive position. In July 2021, he was arrested in State A and charged with possession of THC. These DUI and marijuana possession charges were also cross-alleged under Guideline J.

Despite these concerns, the administrative judge granted the applicant eligibility for access to classified information. The decision highlighted the applicant's significant lifestyle changes, successful completion of rehabilitation programs, and extended periods of abstinence from alcohol and drug use. The judge found credible evidence of his commitment to a healthier lifestyle and professional growth, demonstrating a clear pattern of modified behavior and accountability for past actions.

Why the Applicant Prevailed

The applicant demonstrated significant lifestyle changes and accountability for past behavior.
He successfully completed rehabilitation programs and abstained from alcohol and drug use for extended periods.
The applicant provided credible evidence of his commitment to a healthier lifestyle and professional growth.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 31(a)raisedPattern of Minor Offenses

Mitigating

AG ¶ 23(a)appliedTime Has Passed or Behavior Unlikely to Recur
AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Evidence of Actions Taken
AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Evidence of Actions Taken
AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior Unlikely to Recur
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

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

Procedural Posture

SOR issuedSep 12, 2023
Answer filedAug 11, 2023
Hearing heldOct 30, 2024
Decision dateFeb 18, 2025

Cite For

Mitigation of Alcohol Consumption Under Guideline G
Mitigation of Drug Involvement Under Guideline H
Successful Rehabilitation and Lifestyle Changes Impacting 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.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant consumed alcohol in excess from 2009-2021.	For Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.b	In July 2021 Applicant was arrested for driving under the influence (DUI), pled no contest, and was found guilty.	For Applicant	DUI or DWI Alcohol	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur	Documented Rehabilitation Evidence
1.c	In 2018, while serving in the Navy, Applicant plead guilty to DUI and fleeing the scene of an accident in August 2017.	For Applicant	DUI or DWI Alcohol	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur	Documented Rehabilitation Evidence
1.d	In August 2017, Applicant was arrested and indicted in Country A for assault on a police officer, resisting arrest, criminal mischief, DUI, reckless driving, and disorderly conduct.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.e	In 2011, Applicant was ordered by the Navy to attend alcohol abuse counseling.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.f	In 2009 Applicant violated a standing order when he returned to the barracks while intoxicated.	For Applicant	Public Intoxication	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant consumed alcohol in excess from 2009-2021.

For Applicant

Binge or Intoxication Pattern

Admitted

—

1.b

In July 2021 Applicant was arrested for driving under the influence (DUI), pled no contest, and was found guilty.

For Applicant

DUI or DWI Alcohol

Admitted

—

(a) so much time has passed / so infrequent that it is unlikely to recur

Documented

Rehabilitation Evidence

1.c

In 2018, while serving in the Navy, Applicant plead guilty to DUI and fleeing the scene of an accident in August 2017.

For Applicant

DUI or DWI Alcohol

Admitted

—

(a) so much time has passed / so infrequent that it is unlikely to recur

Documented

Rehabilitation Evidence

1.d

In August 2017, Applicant was arrested and indicted in Country A for assault on a police officer, resisting arrest, criminal mischief, DUI, reckless driving, and disorderly conduct.

For Applicant

Unspecified Alcohol Incident

Admitted

—

1.e

In 2011, Applicant was ordered by the Navy to attend alcohol abuse counseling.

For Applicant

Treatment Non Compliance

Admitted

—

1.f

In 2009 Applicant violated a standing order when he returned to the barracks while intoxicated.

For Applicant

Public Intoxication

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant purchased and used marijuana from September 2018 to September 2021.	For Applicant	Marijuana	Regular	Admitted	—	—	—
2.b	Applicant used marijuana from September 2020 to September 2021 while granted access to classified information or holding a sensitive position.	For Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	—	—
2.c	Applicant was arrested in July 2021 in State A and charged with possession of THC.	For Applicant	Drug Test Failure	Not Applicable	Admitted	—	—	—
2.d	specific text not stated in this decision	For Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

Applicant purchased and used marijuana from September 2018 to September 2021.

For Applicant

Marijuana

Regular

Admitted

—

2.b

Applicant used marijuana from September 2020 to September 2021 while granted access to classified information or holding a sensitive position.

For Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

—

2.c

Applicant was arrested in July 2021 in State A and charged with possession of THC.

For Applicant

Drug Test Failure

Not Applicable

Admitted

—

2.d

specific text not stated in this decision

For Applicant

Unspecified Drug Involvement

Unspecified

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant's DUI incidents are cross alleged under Guideline J.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
3.b	Applicant's marijuana possession charge is cross alleged under Guideline J.	For Applicant	Drug Related Criminal Charge	Charged Not Convicted	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

Applicant's DUI incidents are cross alleged under Guideline J.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

3.b

Applicant's marijuana possession charge is cross alleged under Guideline J.

For Applicant

Drug Related Criminal Charge

Charged Not Convicted

Admitted

—

Loading case…

Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION