ISCR Case 05-07695.h1

Case Headnote

ISCR Case No. 05-07695.h1

deniedSep 17, 2007· Hon. Kathryn Moen Braeman· hearing

Summary

A 42-year-old senior designer for a defense contractor was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant had a history of alcohol-related incidents, including an arrest for Public Drunkenness in 1984, DWI convictions in 1987 and 1990, and a 1998 conviction for Reckless Driving and Unreasonable Refusal to Submit to a Blood or Breath Test, which resulted in a fine and two years of probation. He was also arrested for Drunk in Public in 1998.

The most recent incident was a 2004 DWI conviction, for which he received a jail sentence (mostly suspended), two years of probation, a fine, and was ordered to attend an alcohol safety action program and weekly AA meetings. The Statement of Reasons highlighted that excessive alcohol consumption often leads to questionable judgment and raises concerns about reliability.

Despite some positive changes and attendance at treatment, the applicant failed to provide evidence of completing his two years of probation for the 2004 DWI conviction. Furthermore, he experienced at least two relapses in 2005 and 2006, which cast doubt on his commitment to sobriety. Ultimately, insufficient evidence was presented to demonstrate successful rehabilitation or ongoing participation in treatment programs, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant did not provide evidence of completing his two years of probation for the 2004 DWI conviction.
He had at least two relapses in 2005 and 2006, raising doubts about his commitment to sobriety.
Insufficient evidence was presented to demonstrate successful rehabilitation or ongoing participation in treatment programs.

Conditions Referenced

Disqualifying

J 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
J 31(d)raisedIndividual Is Currently on Parole or Probation
G 22(a)raisedAlcohol-related Incidents Away From Work
G 22(c)raisedHabitual or Binge Consumption of Alcohol

Mitigating

J 32(a)rejectedSo Much Time Has Elapsed Since the Criminal BehaviorThe 2004 DWI conviction is recent and reflects a recurrent problem.
G 23(b)rejectedAcknowledges Alcoholism and Provides Evidence of Actions Taken to Overcome This ProblemThe applicant did not establish a pattern of abstinence or ongoing treatment.
G 23(d)rejectedSuccessfully Completed Counseling or RehabilitationThe applicant failed to provide evidence of successful rehabilitation or ongoing commitment to sobriety.

Key Rule Quoted

“The decision to grant or continue an individual's access to classified information may be made only after an affirmative finding that to do so is clearly consistent with the national interest.”

Procedural Posture

SOR issuedOct 9, 2006
Answer filedNov 8, 2006Applicant admitted most allegations.
Hearing held—Applicant requested a decision without a hearing.
Decision dateSep 17, 2007

Cite For

Failure to Demonstrate Ongoing Commitment to Sobriety Under Guideline G
Insufficient Evidence of Successful Rehabilitation Under Guideline J
Recency of Alcohol-related Incidents Impacting Security Clearance Decisions.

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	Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.	Against Applicant	Unspecified Alcohol Incident	Unknown	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
2.b	Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.	Against Applicant	Unspecified Alcohol Incident	Unknown	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
2.c	Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.	Against Applicant	Unspecified Alcohol Incident	Unknown	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
2.d	Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.	Against Applicant	Unspecified Alcohol Incident	Unknown	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
2.e	Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.	Against Applicant	Unspecified Alcohol Incident	Unknown	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
2.f	Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.	Against Applicant	Unspecified Alcohol Incident	Unknown	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
2.g	Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.	Against Applicant	Unspecified Alcohol Incident	Unknown	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
2.h	Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.	Against Applicant	Unspecified Alcohol Incident	Unknown	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
2.i	Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.	Against Applicant	Unspecified Alcohol Incident	Unknown	(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

2.a

Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.

Against Applicant

Unspecified Alcohol Incident

Unknown

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

(c) habitual or binge consumption to the point of impaired judgment

—

2.b

Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.

Against Applicant

Unspecified Alcohol Incident

Unknown

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

(c) habitual or binge consumption to the point of impaired judgment

—

2.c

Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.

Against Applicant

Unspecified Alcohol Incident

Unknown

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

(c) habitual or binge consumption to the point of impaired judgment

—

2.d

Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.

Against Applicant

Unspecified Alcohol Incident

Unknown

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

(c) habitual or binge consumption to the point of impaired judgment

—

2.e

Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.

Against Applicant

Unspecified Alcohol Incident

Unknown

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

(c) habitual or binge consumption to the point of impaired judgment

—

2.f

Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.

Against Applicant

Unspecified Alcohol Incident

Unknown

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

(c) habitual or binge consumption to the point of impaired judgment

—

2.g

Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.

Against Applicant

Unspecified Alcohol Incident

Unknown

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

(c) habitual or binge consumption to the point of impaired judgment

—

2.h

Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.

Against Applicant

Unspecified Alcohol Incident

Unknown

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

(c) habitual or binge consumption to the point of impaired judgment

—

2.i

Excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.

Against Applicant

Unspecified Alcohol Incident

Unknown

(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
1.a	Applicant was arrested for Public Drunkenness in April 1984 and fined.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
1.b	Applicant was arrested for DWI (First Offense) in December 1987; found guilty, fined, and driver’s license restriction for one year; ordered to attend alcohol safety action program (ASAP).	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
1.c	Applicant was arrested for DWI (Second Offense) in March 1990, found guilty, fined, ordered to attend alcohol safety action program (ASAP) and weekly AA meetings.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
1.d	Applicant was arrested initially for DWI (Third Offense) in December 1996 which was dismissed; later he was charged with Reckless Driving and Unreasonable Refusal to Submit to a Blood or Breath Test; he pleaded guilty and was sentenced in February 1998 to a $1,500 fine ($1,250 suspended), two years probation, and driver’s license suspended for one year.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
1.e	Applicant was arrested for Drunk in Public in January 1998; in March 1998 he was found guilty in absentia and fined $25 and $40 court costs.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
1.f	Applicant was arrested in June 2004 for Reckless Driving (which was dismissed) and for DWI; in November 2004 he was found guilty of DWI, sentenced to six months in jail (5 months and 25 days suspended) where he served two days, two years probation, and was fined $750, had a restricted driver’s license for one year, and was ordered to attend an alcohol safety action program (ASAP) and weekly AA meetings.	Against 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	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested for Public Drunkenness in April 1984 and fined.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

1.b

Applicant was arrested for DWI (First Offense) in December 1987; found guilty, fined, and driver’s license restriction for one year; ordered to attend alcohol safety action program (ASAP).

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

1.c

Applicant was arrested for DWI (Second Offense) in March 1990, found guilty, fined, ordered to attend alcohol safety action program (ASAP) and weekly AA meetings.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

1.d

Applicant was arrested initially for DWI (Third Offense) in December 1996 which was dismissed; later he was charged with Reckless Driving and Unreasonable Refusal to Submit to a Blood or Breath Test; he pleaded guilty and was sentenced in February 1998 to a $1,500 fine ($1,250 suspended), two years probation, and driver’s license suspended for one year.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

1.e

Applicant was arrested for Drunk in Public in January 1998; in March 1998 he was found guilty in absentia and fined $25 and $40 court costs.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

1.f

Applicant was arrested in June 2004 for Reckless Driving (which was dismissed) and for DWI; in November 2004 he was found guilty of DWI, sentenced to six months in jail (5 months and 25 days suspended) where he served two days, two years probation, and was fined $750, had a restricted driver’s license for one year, and was ordered to attend an alcohol safety action program (ASAP) and weekly AA meetings.

Against 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

—

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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision