ISCR Case 06-18966.h1

Case Headnote

ISCR Case No. 06-18966.h1

grantedApr 17, 2007· Hon. Wilford H. Ross· hearing

Summary

A 51-year-old defense contractor was granted a security clearance despite allegations under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The government raised concerns regarding the Applicant's long-standing alcohol abuse problem, which included three arrests for driving under the influence between 1992 and 2003. These incidents were cited as evidence of criminal conduct and a serious alcohol abuse problem.

However, the Applicant successfully mitigated these concerns. Following his last arrest in July 2003, he admitted to being an alcoholic and subsequently abstained from alcohol for nearly four years. He also attended alcohol treatment and established a supportive church-based network to maintain his sobriety.

The judge found that the Applicant demonstrated a credible intent to abstain from alcohol in the future. His long period of abstinence and positive community involvement effectively mitigated the government's concerns, leading to the granting of his security clearance.

Why the Applicant Prevailed

The Applicant demonstrated a credible intent to abstain from alcohol in the future.
He established a supportive church-based network that contributed to his sobriety.
The Applicant's long period of abstinence and positive community involvement mitigated the Government's concerns.

Conditions Referenced

Disqualifying

J.1.araisedCriminal Conduct
J.1.draisedMultiple Offenses
G.2.araisedAlcohol-related Incidents
G.2.craisedHabitual Consumption
G.2.draisedDiagnosis of Alcohol Abuse
G.2.graisedFailure to Follow Court Orders

Mitigating

J.2.aappliedTime Elapsed Since Criminal Behavior
J.2.dappliedEvidence of Successful Rehabilitation
G.3.aappliedAcknowledgment of Alcohol Issues
G.3.bappliedEvidence of Actions Taken to Overcome Alcohol Problem

Key Rule Quoted

“Each adjudication is to be an overall common sense determination based upon consideration and assessment of all available information, both favorable and unfavorable, with particular emphasis placed on the seriousness, recency, frequency, and motivation for the individual's conduct; the extent to which conduct was negligent, willful, voluntary, or undertaken with the knowledge of the circumstances or consequences involved; and, to the extent that it can be estimated, the probability that conduct will or will not continue in the future.”
— Executive Order 10865

Procedural Posture

SOR issuedDec 8, 2006
Answer filedJan 8, 2007
Hearing heldMar 13, 2007
Decision dateApr 17, 2007

Cite For

Mitigation of Alcohol-related Criminal Conduct Under Guideline J
Successful Rehabilitation Efforts in Alcohol Abuse Cases
Credibility of Intent to Abstain From Alcohol as a Mitigating Factor

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
2.a	The Applicant has had a serious alcohol abuse problem for many years.	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 (d) diagnosis of alcohol use disorder by a qualified professional (g) failure to follow a court order regarding alcohol	(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	—
2.b	The Applicant was arrested three times for alcohol related driving offenses.	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 (d) diagnosis of alcohol use disorder by a qualified professional (g) failure to follow a court order regarding alcohol	(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	—
2.c	The Applicant has been abstinent since the last arrest.	For Applicant	Continued Use After Treatment	Admitted	—	(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

2.a

The Applicant has had a serious alcohol abuse problem for many years.

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

(d) diagnosis of alcohol use disorder by a qualified professional

(g) failure to follow a court order regarding alcohol

(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

—

2.b

The Applicant was arrested three times for alcohol related driving offenses.

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

(d) diagnosis of alcohol use disorder by a qualified professional

(g) failure to follow a court order regarding alcohol

(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

—

2.c

The Applicant has been abstinent since the last arrest.

For Applicant

Continued Use After Treatment

Admitted

—

(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
1.a	The Applicant has engaged in criminal acts.	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 (e) discharge or dismissal from the Armed Forces under less than honorable conditions	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited Acknowledgment and Remorse Credited Rehabilitation Evidence Credited No Subsequent Offenses
1.b	The Applicant was arrested for driving under the influence three times between 1992 and 2003.	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 (e) discharge or dismissal from the Armed Forces under less than honorable conditions	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited Acknowledgment and Remorse Credited Rehabilitation Evidence Credited No Subsequent Offenses
1.c	The Applicant has a serious alcohol abuse problem for many years.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited Acknowledgment and Remorse Credited Rehabilitation Evidence Credited No Subsequent Offenses
1.d	The Applicant has been involved in three alcohol related criminal incidents.	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 (e) discharge or dismissal from the Armed Forces under less than honorable conditions	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited Acknowledgment and Remorse Credited Rehabilitation Evidence Credited No Subsequent Offenses
2.a	The Applicant has been abstinent from alcohol since his last arrest in July 2003.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited Abstinence Period Documented Credited Rehabilitation Evidence
2.b	The Applicant attended alcohol treatment after his last arrest.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited Rehabilitation Evidence
2.c	The Applicant established a church-based support network to maintain sobriety.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited Rehabilitation Evidence

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The Applicant has engaged in criminal acts.

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

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

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

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

Credited

Acknowledgment and Remorse

Credited

Rehabilitation Evidence

Credited

No Subsequent Offenses

1.b

The Applicant was arrested for driving under the influence three times between 1992 and 2003.

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

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

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

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

Credited

Acknowledgment and Remorse

Credited

Rehabilitation Evidence

Credited

No Subsequent Offenses

1.c

The Applicant has a serious alcohol abuse problem for many years.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

(c) currently on parole or probation

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

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

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

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

Credited

Acknowledgment and Remorse

Credited

Rehabilitation Evidence

Credited

No Subsequent Offenses

1.d

The Applicant has been involved in three alcohol related criminal incidents.

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

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

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

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

Credited

Acknowledgment and Remorse

Credited

Rehabilitation Evidence

Credited

No Subsequent Offenses

2.a

The Applicant has been abstinent from alcohol since his last arrest in July 2003.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

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

Credited

Abstinence Period Documented

Credited

Rehabilitation Evidence

2.b

The Applicant attended alcohol treatment after his last arrest.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

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

Credited

Rehabilitation Evidence

2.c

The Applicant established a church-based support network to maintain sobriety.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

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

Credited

Rehabilitation Evidence

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES