ISCR Case 16-02844.h1

Case Headnote

ISCR Case No. 16-02844.h1

grantedJun 26, 2017· Hon. Philip S. Howe· hearing

Summary

A 32-year-old divorced male with a bachelor's degree in accounting was granted a security clearance despite concerns under Guidelines F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The applicant's history included multiple alcohol-related incidents between 2007 and 2013, some while on active duty with the U.S. Air Force. These incidents included arrests for drunk driving in January 2007, improper lane usage and drunken driving, physical control of a vehicle while intoxicated in 2013, and another DUI arrest in 2013 while attending an alcohol treatment program. He also faced a physical altercation in 2009 where alcohol was a factor.

Financially, the applicant accumulated approximately $151,000 in delinquent debt from 2008 to 2016, leading him to file for Chapter 7 bankruptcy in May 2016.

The judge granted the clearance, citing the applicant's demonstrated rehabilitation and commitment to responsible behavior. Key factors included no alcohol-related incidents since 2013, steps taken to address financial issues such as filing for bankruptcy and establishing a student loan repayment plan, and a commitment to not driving after consuming alcohol while maintaining stable employment.

Why the Applicant Prevailed

The applicant has not had any alcohol-related incidents since 2013, demonstrating a significant period of abstinence from problematic behavior.
He has taken steps to address his financial issues, including filing for bankruptcy and establishing a repayment plan for his student loans.
The applicant has shown a commitment to responsible behavior by not driving after consuming alcohol and maintaining a stable job.

Conditions Referenced

Disqualifying

G 22(a)raisedAlcohol-related Incidents Away From Work
G 22(c)raisedHabitual or Binge Consumption of Alcohol
J 30(a)raisedPattern of Minor Offenses
J 30(b)raisedEvidence of Criminal Conduct
F 19(a)raisedInability to Satisfy Debts
F 19(b)raisedUnwillingness to Satisfy Debts
F 19(c)raisedHistory of Not Meeting Financial Obligations

Mitigating

G 23(a)appliedTime Has Passed Since the Behavior
G 23(b)appliedAcknowledgment of Alcohol Use Problem and Actions Taken
J 32(a)appliedTime Elapsed Since Criminal Behavior
J 32(b)appliedPressures That Led to Criminal Acts Are No Longer Present
J 32(d)appliedEvidence of Successful Rehabilitation
F 20(b)appliedConditions Beyond the Person's Control
F 20(c)appliedReceiving Counseling and Indications of Resolution

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 10, 2016
Answer filedDec 6, 2016
Hearing heldMar 16, 2017
Decision dateJun 26, 2017

Cite For

Demonstrating Rehabilitation After Alcohol-related Incidents
Mitigating Financial Difficulties Through Bankruptcy
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.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant accumulated about $151,000 in delinquent debt from 2008 to 2016. In May 2016 he filed Chapter 7 bankruptcy to rid himself of these financial burdens. $151,000	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved	Documented Chapter 7 Bankruptcy Documented Financial Counseling

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant accumulated about $151,000 in delinquent debt from 2008 to 2016. In May 2016 he filed Chapter 7 bankruptcy to rid himself of these financial burdens.

$151,000

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(c) received/receiving counseling; problem being resolved

Documented

Chapter 7 Bankruptcy

Documented

Financial Counseling

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant was arrested for drunk driving in January 2007 while on active duty with the U.S. Air Force.	For 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 (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	(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	—
1.b	The applicant was involved in a physical altercation with other military members in December 2009, where alcohol played a part.	For Applicant	Alcohol Related Arrest	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	(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	—
1.c	The applicant was arrested in the United States while on active Air Force duty and charged with improper lane usage and drunken driving.	For 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	(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	—
1.d	In 2013, the applicant was arrested and charged with physical control of a vehicle while intoxicated.	For 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 (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	(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	—
1.e	While attending an alcohol treatment program in 2013, the applicant was arrested again for driving under the influence of alcohol.	For 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 (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	(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	—
1.f	The applicant has not taken the advice given him by the alcohol counselors and continues to consume alcohol.	For Applicant	Continued Use After Treatment	Admitted	(e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	(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	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant was arrested for drunk driving in January 2007 while on active duty with the U.S. Air Force.

For 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

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

(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

—

1.b

The applicant was involved in a physical altercation with other military members in December 2009, where alcohol played a part.

For Applicant

Alcohol Related Arrest

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

(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

—

1.c

The applicant was arrested in the United States while on active Air Force duty and charged with improper lane usage and drunken driving.

For 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

(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

—

1.d

In 2013, the applicant was arrested and charged with physical control of a vehicle while intoxicated.

For 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

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

(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

—

1.e

While attending an alcohol treatment program in 2013, the applicant was arrested again for driving under the influence of alcohol.

For 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

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

(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

—

1.f

The applicant has not taken the advice given him by the alcohol counselors and continues to consume alcohol.

For Applicant

Continued Use After Treatment

Admitted

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

(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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was arrested for drunk driving in January 2007 while on active duty with the U.S. Air Force. He was given probation for two years and received a letter of reprimand from his commander.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant was arrested for drunk driving in January 2007 while on active duty with the U.S. Air Force. He was given probation for two years and received a letter of reprimand from his commander.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(b) pressured/coerced and unlikely to recur absent that pressure

—

Loading case…

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision