ISCR Case 14-03106.h1

Case Headnote

ISCR Case No. 14-03106.h1

deniedAug 7, 2015· Hon. Robert Robinson Gales· hearing

Summary

A 58-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The denial stemmed from a documented history of alcohol-related incidents spanning three decades, from 1976 to at least 2006, and the applicant's failure to acknowledge or mitigate his alcohol issues.

The applicant's record included multiple arrests and charges for driving under the influence (DUI), which were often reduced to reckless driving or driving while ability impaired (DWAI) upon plea. These incidents resulted in fines, probation, community service, and mandatory alcohol education classes. One specific incident in December 1999 involved an arrest for domestic violence and harassment, though these charges were later dismissed contingent on a 30-day alcohol abstinence agreement. The applicant denied being charged in this instance, despite court and FBI records confirming the charges.

The judge determined that the applicant's long history of alcohol-related incidents, continued consumption to intoxication, and denial of an alcohol problem raised significant doubts about his reliability and trustworthiness. Despite the application of some mitigating conditions, the judge found that the applicant had not successfully addressed the disqualifying conditions, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has a long history of alcohol-related incidents, including multiple DUIs and domestic violence charges.
He continues to consume alcohol to the point of intoxication and denies having a problem with alcohol.
The applicant's minimization of his alcohol consumption and its impact on his life raises doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

G-22(a)raisedAlcohol-related Incidents Away From Work
G-22(c)raisedHabitual or Binge Consumption of Alcohol
E-16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation

Mitigating

G-23(a)rejectedTime Passed or Infrequent Behavior Unlikely to RecurThe applicant's ongoing alcohol consumption and history of incidents do not support this mitigation.
G-23(b)rejectedAcknowledgment of Alcoholism and Actions TakenThe applicant denies having an alcohol problem and has not taken sufficient steps to address his alcohol use.
E-17(c)rejectedMinor Offense or Infrequent Behavior Unlikely to RecurThe applicant's repeated alcohol-related incidents indicate a pattern of behavior.

Key Rule Quoted

“"A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedOct 6, 2014
Answer filedOct 9, 2014Applicant elected to proceed without a hearing.
Hearing held—Written record decision.
Decision dateAug 7, 2015

Cite For

Denial of Security Clearance Due to Ongoing Alcohol-related Issues
Impact of Personal Conduct on Security Clearance Eligibility
Failure to Mitigate Disqualifying Conditions Related to Alcohol Consumption

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Arrested and charged with driving under the influence of alcohol (DUI), a misdemeanor, and in November of that same year, he was found guilty, upon his plea, of reckless driving, a misdemeanor. He was fined $125 and ordered to be on probation for 12 months.	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	In August 1985, after consuming 'one shot' of an unspecified liquor, Applicant was arrested and charged with DUI, a misdemeanor. He was eventually found guilty, upon his plea, of a reduced charge of driving while ability impaired (DWAI), a misdemeanor. He was fined an unspecified amount.	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.c	On or about December 16, 1999, after working a 17-hour day, Applicant returned home to find that his dogs had not been fed. He was arrested for domestic violence and harassment, both misdemeanors. Bail was set at $4,000. On January 26, 2000, the charges were dismissed and the bond released, provided Applicant agreed not to consume alcohol for 30 days. Applicant denied that he was ever charged, but the court and FBI records reflect that he was charged.	Against Applicant	Unspecified Alcohol Incident	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.d	In February 1990 or 1992, after consuming 'a few beers,' and while looking for a parking spot, Applicant’s vehicle struck another vehicle. He was arrested and charged with DUI, a misdemeanor. He was eventually found guilty, upon his plea, of a reduced charge of DWAI, a misdemeanor. He was fined an unspecified amount, ordered to perform 40 hours of community service, and ordered to attend an alcohol education class.	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.e	On June 24, 2006, after consuming four beers over a period of three and one-half hours at a restaurant, and another two to three beers at a friend's house over an additional period of two to two and one-half hours, Applicant was stopped by the police after making a left turn on a red arrow. He was arrested and charged with DUI, a misdemeanor, and open alcohol container. He was eventually found guilty, upon his plea, of a reduced charge of DWAI, a misdemeanor. He was fined an unspecified amount, ordered to perform 80 hours of community service, sentenced to the county jail for five days, and ordered to attend alcohol classes one time per week for six months.	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.f	Applicant has been involved in several alcohol-related incidents involving police and judicial authorities over the 30-year period from 1976 to at least 2006. Most of the incidents involved drinking and driving, but one incident involved domestic violence.	Against 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	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Arrested and charged with driving under the influence of alcohol (DUI), a misdemeanor, and in November of that same year, he was found guilty, upon his plea, of reckless driving, a misdemeanor. He was fined $125 and ordered to be on probation for 12 months.

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

In August 1985, after consuming 'one shot' of an unspecified liquor, Applicant was arrested and charged with DUI, a misdemeanor. He was eventually found guilty, upon his plea, of a reduced charge of driving while ability impaired (DWAI), a misdemeanor. He was fined an unspecified amount.

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.c

On or about December 16, 1999, after working a 17-hour day, Applicant returned home to find that his dogs had not been fed. He was arrested for domestic violence and harassment, both misdemeanors. Bail was set at $4,000. On January 26, 2000, the charges were dismissed and the bond released, provided Applicant agreed not to consume alcohol for 30 days. Applicant denied that he was ever charged, but the court and FBI records reflect that he was charged.

Against Applicant

Unspecified Alcohol Incident

Denied

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

—

1.d

In February 1990 or 1992, after consuming 'a few beers,' and while looking for a parking spot, Applicant’s vehicle struck another vehicle. He was arrested and charged with DUI, a misdemeanor. He was eventually found guilty, upon his plea, of a reduced charge of DWAI, a misdemeanor. He was fined an unspecified amount, ordered to perform 40 hours of community service, and ordered to attend an alcohol education class.

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.e

On June 24, 2006, after consuming four beers over a period of three and one-half hours at a restaurant, and another two to three beers at a friend's house over an additional period of two to two and one-half hours, Applicant was stopped by the police after making a left turn on a red arrow. He was arrested and charged with DUI, a misdemeanor, and open alcohol container. He was eventually found guilty, upon his plea, of a reduced charge of DWAI, a misdemeanor. He was fined an unspecified amount, ordered to perform 80 hours of community service, sentenced to the county jail for five days, and ordered to attend alcohol classes one time per week for six months.

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.f

Applicant has been involved in several alcohol-related incidents involving police and judicial authorities over the 30-year period from 1976 to at least 2006. Most of the incidents involved drinking and driving, but one incident involved domestic violence.

Against 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

—

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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

FOOTNOTES