ISCR Case 17-02324.h1

Case Headnote

ISCR Case No. 17-02324.h1

grantedAug 10, 2018· Hon. LeRoy F. Foreman· hearing

Summary

A 38-year-old technologist was granted a security clearance despite a history of alcohol consumption and criminal conduct, primarily under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons detailed multiple alcohol-related incidents spanning from 2003 to 2017, including two DWI arrests in 2003 and 2012 (the latter resulting in a guilty plea to DWI 1st offense), and citations for public intoxication or disorderly conduct in 2009, 2011, and 2016. Additionally, the applicant was cited for reckless driving in 2007 for speeding over 80 mph in a 55 mph zone.

Disqualifying conditions under both guidelines were raised, citing a pattern of excessive alcohol consumption and criminal behavior. However, the judge applied several mitigating conditions. The applicant acknowledged his past issues and provided evidence of rehabilitation, including completing alcohol intervention programs and expressing a clear intent to abstain from alcohol abuse.

Crucially, positive character references from supervisors and colleagues attested to his reliability and trustworthiness. The judge concluded that the applicant had demonstrated significant rehabilitation and a commitment to responsible behavior, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant acknowledged past alcohol-related issues and demonstrated a commitment to abstaining from alcohol abuse.
He provided evidence of rehabilitation, including completion of alcohol intervention programs and a statement of intent to refrain from alcohol-related misconduct.
Positive character references from supervisors and colleagues supported his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Mitigating

AG ¶ 23(a)appliedTime Passed Since Last Incident
AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Evidence of Actions Taken
AG ¶ 32(c)appliedNo Reliable Evidence to Support the Individual Committed the Offense
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedAug 8, 2017
Answer filedSep 1, 2017
Hearing heldMay 22, 2018
Decision dateAug 10, 2018

Cite For

Mitigating Factors for Alcohol Consumption Under Guideline G
Considerations for Criminal Conduct Under Guideline J
Whole-person Assessment 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	The SOR alleges that Applicant has consumed alcohol, at time in excess and to the point of intoxication, since about 1997-1998 to at least May 2017	For Applicant	Binge or Intoxication Pattern	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.b	The SOR alleges that he was cited for 'profane swearing/public intoxication' in October 2016	Against Applicant	Public Intoxication	Denied	—	—	—
1.c	arrested for DWI (2nd offense) in August 2012 and refusing a blood or breath test and pleaded guilty to DWI (1st offense)	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.d	arrested in October 2011 for 'public swearing/intoxication'	Against Applicant	Public Intoxication	Denied	—	—	—
1.e	cited for disorderly conduct in October 2009	Against Applicant	Alcohol Related Arrest	Admitted	—	—	—
1.f	arrested for DWI in September 2003	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The SOR alleges that Applicant has consumed alcohol, at time in excess and to the point of intoxication, since about 1997-1998 to at least May 2017

For Applicant

Binge or Intoxication Pattern

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.b

The SOR alleges that he was cited for 'profane swearing/public intoxication' in October 2016

Against Applicant

Public Intoxication

Denied

—

1.c

arrested for DWI (2nd offense) in August 2012 and refusing a blood or breath test and pleaded guilty to DWI (1st offense)

For Applicant

DUI or DWI Alcohol

Admitted

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

—

1.d

arrested in October 2011 for 'public swearing/intoxication'

Against Applicant

Public Intoxication

Denied

—

1.e

cited for disorderly conduct in October 2009

Against Applicant

Alcohol Related Arrest

Admitted

—

1.f

arrested for DWI in September 2003

For Applicant

DUI or DWI Alcohol

Admitted

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Reckless driving in August 2007, by speeding more than 80 mph in a 55 mph zone.	For Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
2.b	Cross-alleges SOR ¶¶ 1.a-1.f.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Reckless driving in August 2007, by speeding more than 80 mph in a 55 mph zone.

For Applicant

Traffic Offense Pattern

Convicted

Admitted

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

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

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

—

2.b

Cross-alleges SOR ¶¶ 1.a-1.f.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

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

(c) no reliable evidence the individual committed the offense

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

—

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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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES