ISCR Case 14-05958.h1

Case Headnote

ISCR Case No. 14-05958.h1

grantedJan 12, 2017· Hon. Roger C. Wesley· hearing

Summary

A 40-year-old depot coordinator for a defense contractor was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant had been diagnosed with alcohol dependence and faced two DUI incidents.

Specifically, the applicant attended alcohol counseling from February to June 2014, where she was diagnosed as alcohol dependent. Her criminal record included a September 2013 arrest for DUI, resulting in a guilty plea, 12 months of probation, and an $1,800 fine. In January 2014, she was arrested for DWI and a second count of DWI. She later pled guilty to an amended count of endangerment (related to the September 2013 arrest date) and an amended class 2 misdemeanor. For these, she received a total of three years probation, ten days in jail, a $2,400.50 fine, an ignition interlock requirement, and a 30-day driver’s license suspension.

The judge found that the applicant successfully mitigated these concerns. She demonstrated over two years of sustained sobriety since her last alcohol-related incident, actively participated in counseling and Alcoholics Anonymous, and received positive evaluations from her treatment providers. Her commitment to recovery, supported by family and friends, led to the decision to grant her eligibility for a security clearance.

Why the Applicant Prevailed

The applicant demonstrated over two years of sustained sobriety since her last alcohol-related incident.
She actively participated in counseling and Alcoholics Anonymous, receiving positive evaluations from her treatment providers.
The applicant's commitment to recovery and support from family and friends contributed to her successful rehabilitation.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 31(d)raisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

AG ¶ 23(a)appliedTime Passed or Infrequent Behavior Unlikely to Recur
AG ¶ 23(b)appliedAcknowledgment of Alcoholism and Actions Taken to Overcome It
AG ¶ 23(c)appliedParticipation in a Counseling or Treatment Program
AG ¶ 23(d)appliedSuccessful Completion of Counseling or Rehabilitation

Key Rule Quoted

“The adjudicative process is designed to examine a sufficient period of an applicant’s life to enable predictive judgments to be made about whether the applicant is an acceptable security risk.”

Procedural Posture

SOR issuedJun 10, 2015
Answer filedJul 24, 2015
Hearing heldMay 23, 2016
Decision dateJan 12, 2017

Cite For

Mitigation of Alcohol-related Incidents Under Guideline G
Successful Rehabilitation and Sustained Sobriety as a Basis for Granting Security Clearance
Consideration of Personal Circumstances in Assessing Security Risk

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 applicant attended alcohol counseling at a local addiction center from approximately February 2014 to at least June 2014, where she was treated by a licensed substance abuse counselor and diagnosed as alcohol dependent.	For Applicant	Alcohol Use Disorder Diagnosed	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	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant attended alcohol counseling at a local addiction center from approximately February 2014 to at least June 2014, where she was treated by a licensed substance abuse counselor and diagnosed as alcohol dependent.

For Applicant

Alcohol Use Disorder Diagnosed

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was arrested and charged with driving under the influence (DUI) in September 2013, pled guilty to DUI and received a sentence of 12 months of probation and a fine of $1,800, with the remaining speeding and other alcohol-related charge dropped.	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	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
2.b	Applicant was arrested and charged with driving while intoxicated (DWI) and a count 2 DWI in January 2014, pled guilty to an amended count 1 endangerment (arrest date in September 2013) an amended count two, a class 2 misdemeanor, and was sentenced on both counts (DWIs) to a total of three years probation, ten days in jail (five weekends), fined $2,400.50, ordered to have an ignition interlock placed on her vehicle, and had her driver’s license suspended for 30 days.	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	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant was arrested and charged with driving under the influence (DUI) in September 2013, pled guilty to DUI and received a sentence of 12 months of probation and a fine of $1,800, with the remaining speeding and other alcohol-related charge dropped.

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

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

—

2.b

Applicant was arrested and charged with driving while intoxicated (DWI) and a count 2 DWI in January 2014, pled guilty to an amended count 1 endangerment (arrest date in September 2013) an amended count two, a class 2 misdemeanor, and was sentenced on both counts (DWIs) to a total of three years probation, ten days in jail (five weekends), fined $2,400.50, ordered to have an ignition interlock placed on her vehicle, and had her driver’s license suspended for 30 days.

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

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

—

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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

FORMAL FINDINGS

CONCLUSION