ISCR Case 16-02879.h1

Case Headnote

ISCR Case No. 16-02879.h1

grantedSep 7, 2018· Hon. John Grattan Metz, Jr.· hearing

Summary

A 43-year-old audio-visual technician employed by a defense contractor was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons detailed a history of alcohol abuse from 2009 to late November 2014, including multiple charges related to driving while impaired or under the influence. Specific incidents included charges in April 2012 and March 2013 for driving under the influence or attempting to drive while impaired, and a November 2014 charge for driving under the influence of alcohol per se. One incident in April 2012 involved the applicant in his car with the key in the ignition but the engine off, 100 yards from his home, leading to probation and an order to attend an alcohol awareness program and AA meetings. Another in November 2014 involved him asleep in his car in a convenience store parking lot with the engine off.

The judge found that the applicant had successfully mitigated the security concerns. He demonstrated significant rehabilitation and maintained abstinence from alcohol since late 2014. This was supported by his compliance with all court-ordered treatment and participation in additional counseling programs.

Furthermore, positive character references from employers and community members attested to his reliability and work ethic. Based on this evidence of sustained recovery and positive conduct, the applicant's security clearance was granted.

Why the Applicant Prevailed

The applicant has maintained abstinence from alcohol since late 2014, demonstrating a commitment to recovery.
He complied with all court-ordered treatment and participated in additional counseling programs.
Positive character references from employers and community members supported his reliability and work ethic.

Conditions Referenced

Disqualifying

G ¶ 22raisedAlcohol Consumption
J ¶ 31raisedCriminal Conduct

Mitigating

G ¶ 23(b)appliedAlcohol ConsumptionThe applicant acknowledged his pattern of alcohol use and demonstrated a clear pattern of abstinence.
J ¶ 32(d)appliedCriminal ConductThe applicant completed all sentencing requirements and has shown evidence of successful rehabilitation.

Key Rule Quoted

“The Government must prove, by substantial evidence, controverted facts alleged in the SOR.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedSep 19, 2016
Answer filed—
Hearing heldJul 12, 2017
Decision dateSep 7, 2018

Cite For

Mitigation of Alcohol-related Incidents Under Guideline G
Successful Rehabilitation in the Context of Criminal Conduct Under Guideline J
The Importance of Character References in Security Clearance Determinations

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	abused alcohol to the point of intoxication from 2009 to late November 2014	For Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.b	charged with driving/attempting to drive while impaired	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.c	perceived to be intoxicated at work	For Applicant	Intoxication at Work or Duty	Denied	—	—	—
1.d	charged with driving under the influence of alcohol or drug	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.e	charged with driving under the influence of alcohol per se	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

abused alcohol to the point of intoxication from 2009 to late November 2014

For Applicant

Binge or Intoxication Pattern

Admitted

—

1.b

charged with driving/attempting to drive while impaired

For Applicant

DUI or DWI Alcohol

Admitted

—

1.c

perceived to be intoxicated at work

For Applicant

Intoxication at Work or Duty

Denied

—

1.d

charged with driving under the influence of alcohol or drug

For Applicant

DUI or DWI Alcohol

Admitted

—

1.e

charged with driving under the influence of alcohol per se

For Applicant

DUI or DWI Alcohol

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The applicant was charged with driving/attempting to drive while impaired (SOR 1.b), when he was sitting in his car 100 yards from his house with the key in the ignition, but the engine off.	For Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (d) violation of parole/probation or failure to complete a court program	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented No Subsequent Offenses
2.a	In April 2012, he was charged with driving/attempting to drive while impaired (SOR 1.b), when he was sitting in his car 100 yards from his house with the key in the ignition, but the engine off.	For Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (d) violation of parole/probation or failure to complete a court program	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented No Subsequent Offenses
2.a	On 6 June 2012, he was awarded probation before judgment (GE 3), and ordered to attend an alcohol awareness program and Alcohol Anonymous (AA) meetings.	For Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (d) violation of parole/probation or failure to complete a court program	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented No Subsequent Offenses
2.a	In November 2014, Applicant was charged with driving under the influence of alcohol per se (SOR 1.e), when he was found asleep in his car in a convenience store parking lot with his engine off.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (d) violation of parole/probation or failure to complete a court program	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented No Subsequent Offenses
2.a	He was charged with driving under the influence of alcohol or drug in March 2013 (SOR 1.d).	For Applicant	DUI or DWI Criminal	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (d) violation of parole/probation or failure to complete a court program	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented No Subsequent Offenses

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

The applicant was charged with driving/attempting to drive while impaired (SOR 1.b), when he was sitting in his car 100 yards from his house with the key in the ignition, but the engine off.

For Applicant

DUI or DWI Criminal

Charged Not Convicted

Admitted

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

(d) violation of parole/probation or failure to complete a court program

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

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

No Subsequent Offenses

2.a

In April 2012, he was charged with driving/attempting to drive while impaired (SOR 1.b), when he was sitting in his car 100 yards from his house with the key in the ignition, but the engine off.

For Applicant

DUI or DWI Criminal

Charged Not Convicted

Admitted

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

(d) violation of parole/probation or failure to complete a court program

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

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

No Subsequent Offenses

2.a

On 6 June 2012, he was awarded probation before judgment (GE 3), and ordered to attend an alcohol awareness program and Alcohol Anonymous (AA) meetings.

For Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

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

(d) violation of parole/probation or failure to complete a court program

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

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

No Subsequent Offenses

2.a

In November 2014, Applicant was charged with driving under the influence of alcohol per se (SOR 1.e), when he was found asleep in his car in a convenience store parking lot with his engine off.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(d) violation of parole/probation or failure to complete a court program

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

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

No Subsequent Offenses

2.a

He was charged with driving under the influence of alcohol or drug in March 2013 (SOR 1.d).

For Applicant

DUI or DWI Criminal

Dismissed or Nolle Prossed

Admitted

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

(d) violation of parole/probation or failure to complete a court program

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

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

No Subsequent Offenses

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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

FORMAL FINDINGS

CONCLUSION

FOOTNOTES