ISCR Case 17-03020.h1

Case Headnote

ISCR Case No. 17-03020.h1

deniedOct 3, 2018· Hon. Wilford H. Ross· hearing

Summary

A 45-year-old male applicant was denied a security clearance under Guidelines G (Alcohol Consumption) and J (Criminal Conduct) due to a history of alcohol-related arrests and ongoing alcohol use. The applicant had three alcohol-related arrests between 2010 and 2015.

His first arrest for Driving Under the Influence (DUI) occurred in April 2010, resulting in a conviction in November 2010, a nine-month DUI class, and three years of probation, which he completed. While still on probation for the first DUI, he had a second alcohol-related arrest in September 2012 following a domestic dispute. He was convicted of Domestic Violence and Prevent/Delay a Witness in November 2012, receiving a sentence that included a 52-week domestic violence course, one day in jail, and three years of probation, with the course completed in January 2014.

His third alcohol-related incident was a DUI arrest in August 2015, while still on probation from his second arrest. He was convicted in March 2016, receiving five years of probation, a fine, and an 18-month alcohol education course. At the time of the hearing, he remained on probation and had not completed the alcohol education course. A bench warrant was issued in February 2017 for his alleged failure to appear in court and provide proof of enrollment in the 18-month DUI program. The judge found that the applicant's continued alcohol consumption and criminal history raised substantial doubts about his reliability and trustworthiness, leading to the denial.

Why the Applicant Was Denied

The applicant has a history of three alcohol-related arrests, indicating a pattern of excessive alcohol consumption.
He is currently on probation for his last DUI conviction and has not completed the required alcohol education program.
The applicant continues to drink alcohol, which raises concerns about his judgment and reliability.

Conditions Referenced

Disqualifying

AG ¶ 21raisedExcessive Alcohol Consumption
AG ¶ 22(a)appliedAlcohol-related Incidents
AG ¶ 22(c)appliedHabitual or Binge Consumption
AG ¶ 30raisedCriminal Activity Creates Doubt
AG ¶ 31(a)appliedPattern of Minor Offenses
AG ¶ 31(b)appliedEvidence of Criminal Conduct
AG ¶ 31(c)appliedCurrently on Probation

Mitigating

AG ¶ 23(a)rejectedTime Has Passed or Unusual Circumstances
AG ¶ 23(b)rejectedAcknowledgment of Alcohol Use and Actions Taken
AG ¶ 23(c)rejectedParticipation in Counseling or Treatment
AG ¶ 23(d)rejectedSuccessful Completion of Treatment Program
AG ¶ 32(a)rejectedTime Elapsed Since Criminal Behavior
AG ¶ 32(b)rejectedCoercion Into Committing the Act
AG ¶ 32(c)rejectedNo Reliable Evidence of Offense
AG ¶ 32(d)rejectedEvidence of Successful Rehabilitation

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedOct 5, 2017
Answer filedNov 11, 2017
Hearing heldFeb 6, 2018
Decision dateOct 3, 2018

Cite For

Denial Based on Ongoing Alcohol Consumption and Criminal History
Impact of Probation Status on Security Clearance Eligibility
Failure to Demonstrate Rehabilitation or Understanding of Alcohol Issues

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 was first arrested for Driving Under the Influence (DUI) on April 16, 2010. He was convicted of DUI with blood alcohol .08% or higher on November 15, 2010. The sentence included court-ordered attendance at a nine month DUI class and three years on probation. Applicant submitted evidence showing he had completed the DUI course. (Government Exhibit 3; Applicant Attachments 1a-2, 1a-3, and 1a-4.)	Against 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	—	—
1.b	Applicant had a second alcohol-related arrest on September 20, 2012. At this point he was still on probation for his 2010 DUI conviction. On that date Applicant and his second wife had a domestic argument after both had been drinking at a party. They engaged in a mutual shoving match and his wife fell on the bed. She stated she was going to call the police and he pulled the phone out of the wall. She yelled out the window for someone to call the police, and he pulled her in and shut the window. At that point Applicant left the house to cool off. The police arrived, spoke to Applicant and his wife, and arrested him. Applicant was subsequently charged with Domestic Violence (Battery of Spouse) and Prevent/Delay a Witness. Applicant was found guilty of count 1 on November 7, 2012, and was sentenced to attend a 52-week domestic violence course, one day in jail, and placed on probation for three years. He successfully completed the domestic violence course in January 2014. (Government Exhibits 4, and 6 at 4-5; Attachments 1b-1 through 1b-6; Tr. 19-20, 29-34.)	Against 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	—	—
1.c	Applicant was arrested for DUI, his third alcohol-related incident, on or around August 7, 2015. At this time Applicant was still on probation for his second arrest. He admitted that on this date he was upset about his recent divorce from his second wife and drank too much before driving. He was convicted of DUI with blood alcohol .08% or higher on March 1, 2016. The adjudged sentence included probation for five years, a fine, and Applicant had to attend an 18-month alcohol education course. As of the date of the hearing Applicant was still on probation and had not yet completed the alcohol education course. (Government Exhibit 5, and 7 at 2-3; Attachments 1c-1 through 1c-4; Tr. 20-22, 35-36, 39-40.)	Against 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	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant was first arrested for Driving Under the Influence (DUI) on April 16, 2010. He was convicted of DUI with blood alcohol .08% or higher on November 15, 2010. The sentence included court-ordered attendance at a nine month DUI class and three years on probation. Applicant submitted evidence showing he had completed the DUI course. (Government Exhibit 3; Applicant Attachments 1a-2, 1a-3, and 1a-4.)

Against 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

—

1.b

Applicant had a second alcohol-related arrest on September 20, 2012. At this point he was still on probation for his 2010 DUI conviction. On that date Applicant and his second wife had a domestic argument after both had been drinking at a party. They engaged in a mutual shoving match and his wife fell on the bed. She stated she was going to call the police and he pulled the phone out of the wall. She yelled out the window for someone to call the police, and he pulled her in and shut the window. At that point Applicant left the house to cool off. The police arrived, spoke to Applicant and his wife, and arrested him. Applicant was subsequently charged with Domestic Violence (Battery of Spouse) and Prevent/Delay a Witness. Applicant was found guilty of count 1 on November 7, 2012, and was sentenced to attend a 52-week domestic violence course, one day in jail, and placed on probation for three years. He successfully completed the domestic violence course in January 2014. (Government Exhibits 4, and 6 at 4-5; Attachments 1b-1 through 1b-6; Tr. 19-20, 29-34.)

Against 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

—

1.c

Applicant was arrested for DUI, his third alcohol-related incident, on or around August 7, 2015. At this time Applicant was still on probation for his second arrest. He admitted that on this date he was upset about his recent divorce from his second wife and drank too much before driving. He was convicted of DUI with blood alcohol .08% or higher on March 1, 2016. The adjudged sentence included probation for five years, a fine, and Applicant had to attend an 18-month alcohol education course. As of the date of the hearing Applicant was still on probation and had not yet completed the alcohol education course. (Government Exhibit 5, and 7 at 2-3; Attachments 1c-1 through 1c-4; Tr. 20-22, 35-36, 39-40.)

Against 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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The SOR alleged the three arrests discussed above under Paragraph 1 are also cognizable under this paragraph as criminal conduct.	Against 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) currently on parole or probation	—	—
2.b	Applicant admitted that a bench warrant was issued in February 2017 for his alleged failure to appear in court for a hearing, and also to provide proof of enrollment in the 18-month DUI program discussed under 1.c, above.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented Explanation of Omission Credible

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

The SOR alleged the three arrests discussed above under Paragraph 1 are also cognizable under this paragraph as criminal conduct.

Against 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) currently on parole or probation

—

2.b

Applicant admitted that a bench warrant was issued in February 2017 for his alleged failure to appear in court for a hearing, and also to provide proof of enrollment in the 18-month DUI program discussed under 1.c, above.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

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

Documented

Explanation of Omission Credible

Loading case…

Case Profile

Summary

Why the Applicant Was Denied

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