ISCR Case 09-05086.h1

Case Headnote

ISCR Case No. 09-05086.h1

grantedDec 8, 2010· Hon. LeRoy F. Foreman· hearing

Summary

A 25-year-old electronics technician was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons detailed several past incidents, including an arrest for petit larceny and conviction for trespassing in October 2005, and an arrest and conviction for possessing a fictitious driver’s license in September 2005.

Additionally, the applicant was alleged to have consumed alcohol to excess from approximately 2002 to at least May 2010, with specific alcohol-related incidents cited in March 2009, March 2005, and August 2003. Disqualifying conditions under AG ¶ 22(a), AG ¶ 22(c), AG ¶ 16(c), and AG ¶ 16(e) were raised.

However, the judge applied mitigating conditions under AG ¶ 23(a), AG ¶ 23(b), AG ¶ 17(c), AG ¶ 17(d), and AG ¶ 17(e). The applicant completed court-ordered counseling and intensive out-patient treatment for alcohol issues. He demonstrated a change in lifestyle, including reduced alcohol consumption and avoidance of bars, and had no further incidents of misconduct for almost three years prior to the hearing. The judge found significant rehabilitation and responsible behavior, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant completed court-ordered counseling and intensive out-patient treatment for alcohol-related issues.
He has not had any further incidents of misconduct for almost three years prior to the hearing.
The applicant demonstrated a change in lifestyle, including reduced alcohol consumption and avoidance of bars.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation

Mitigating

AG ¶ 23(a)appliedSo Much Time Has Passed Without Evidence of Misconduct
AG ¶ 23(b)appliedAcknowledgment of Alcohol Issues and Actions Taken to Overcome Them
AG ¶ 17(c)appliedOffense Is Minor or Unlikely to Recur
AG ¶ 17(d)appliedAcknowledgment of Behavior and Counseling Obtained
AG ¶ 17(e)appliedPositive Steps Taken to Reduce Vulnerability

Key Rule Quoted

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

Procedural Posture

SOR issuedJul 27, 2010
Answer filedAug 9, 2010
Hearing heldSep 21, 2010
Decision dateDec 8, 2010

Cite For

Mitigation of Alcohol-related Incidents Under Guideline G
Whole-person Assessment in Security Clearance Determinations
Criteria for Personal Conduct Under Guideline E

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	Applicant’s arrest for petit larceny and conviction of trespassing in October 2005	For Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (e) personal conduct or concealment creating vulnerability to exploitation	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	Claimed Acknowledgment and Remorse Documented Rehabilitation Evidence
2.b	Applicant’s arrest and conviction of possessing a fictitious driver’s license in September 2005	For Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (e) personal conduct or concealment creating vulnerability to exploitation	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	Claimed Acknowledgment and Remorse Documented Rehabilitation Evidence
2.c	The conduct alleged in paragraphs 1.a-1.d above	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (e) personal conduct or concealment creating vulnerability to exploitation	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	Claimed Acknowledgment and Remorse Documented Rehabilitation Evidence

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant’s arrest for petit larceny and conviction of trespassing in October 2005

For Applicant

Questionable Judgment General

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(e) personal conduct or concealment creating vulnerability to exploitation

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

Claimed

Acknowledgment and Remorse

Documented

Rehabilitation Evidence

2.b

Applicant’s arrest and conviction of possessing a fictitious driver’s license in September 2005

For Applicant

Questionable Judgment General

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(e) personal conduct or concealment creating vulnerability to exploitation

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

Claimed

Acknowledgment and Remorse

Documented

Rehabilitation Evidence

2.c

The conduct alleged in paragraphs 1.a-1.d above

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(e) personal conduct or concealment creating vulnerability to exploitation

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

Claimed

Acknowledgment and Remorse

Documented

Rehabilitation Evidence

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The SOR alleges that Applicant has consumed alcohol, at times to excess and to the point of intoxication from approximately 2002 to 'at least' May 2010.	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	—	—
1.b	The SOR alleges the three alcohol related incidents in March 2009.	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	(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.c	The SOR alleges the three alcohol related incidents in March 2005.	For 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.d	The SOR alleges the three alcohol related incidents in August 2003.	For Applicant	Public Intoxication	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

The SOR alleges that Applicant has consumed alcohol, at times to excess and to the point of intoxication from approximately 2002 to 'at least' May 2010.

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

—

1.b

The SOR alleges the three alcohol related incidents in March 2009.

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

(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.c

The SOR alleges the three alcohol related incidents in March 2005.

For 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.d

The SOR alleges the three alcohol related incidents in August 2003.

For Applicant

Public Intoxication

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 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

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION