ISCR Case 06-20413.h1

Case Headnote

ISCR Case No. 06-20413.h1

grantedAug 30, 2007· Hon. Jacqueline T. Williams· hearing

Summary

A 37-year-old network engineer for a defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons cited a history of alcohol-related incidents, including multiple DUI charges and a serious car accident in October 2003 attributed to alcohol abuse. The applicant ceased drinking from October 2003 to February 2005, and since 2005, occasionally consumes wine but no longer drinks and drives. No further alcohol-related incidents have occurred since 2003, demonstrating a significant change in behavior.

The judge determined that the applicant had mitigated the initial concerns. This decision was based on the applicant's demonstrated significant change in behavior following the 2003 accident, leading to responsible alcohol consumption. Additionally, the applicant did not intentionally omit material facts from his security clearance application, as he genuinely believed he only needed to report incidents from the preceding ten years.

Credible testimony from character witnesses further supported the applicant's reliability and trustworthiness. Consequently, the security clearance was granted.

Why the Applicant Prevailed

Applicant demonstrated a significant change in behavior after a serious car accident in 2003, leading to responsible alcohol consumption.
He did not deliberately omit material facts in his security clearance application, as he believed he only needed to report incidents from the last ten years.
Character witnesses provided credible testimony supporting his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol

Mitigating

AG ¶ 23(b)appliedAcknowledgment of Alcohol Issues and Evidence of Actions Taken to Overcome Them
AG ¶ 16(a)rejectedDeliberate Omission, Concealment, or Falsification of Relevant FactsThe Government did not prove a prima facie case regarding personal conduct.

Key Rule Quoted

“Alcohol Consumption is always a security concern because 'excessive alcohol consumption often leads to the exercise of questionable judgment or the failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.'”
— Department of Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedDec 8, 2006
Answer filedundated
Hearing heldMay 2, 2007Hearing was rescheduled due to a continuance request.
Decision dateAug 30, 2007

Cite For

Mitigation of Alcohol Consumption Issues After a Serious Incident
Credibility of Applicant's Testimony Regarding Omissions in Security Clearance Application
Character References Supporting Reliability and Trustworthiness in Security Clearance Cases

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–2.b	2 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a–2.b

2 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a history of alcohol-related incidents, including multiple DUI charges.	For Applicant	DUI or DWI Alcohol	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	(b) acknowledges the pattern and has established modified use or abstinence	—
1.b	The applicant was involved in a serious car accident in October 2003 due to alcohol abuse.	For Applicant	DUI or DWI Alcohol	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	(b) acknowledges the pattern and has established modified use or abstinence	—
1.c	The applicant ceased drinking alcohol from October 2003 through February 2005.	For Applicant	Continued Use After Treatment	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence	—
1.d	Since 2005, the applicant occasionally has a glass of wine and no longer drinks and drives.	For Applicant	Binge or Intoxication Pattern	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence	—
1.e	The applicant has not engaged in any further alcohol-related incidents since 2003.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence	—
1.f	The applicant has demonstrated significant change in his alcohol consumption behavior since the 2003 accident.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of alcohol-related incidents, including multiple DUI charges.

For Applicant

DUI or DWI Alcohol

Denied

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

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

(b) acknowledges the pattern and has established modified use or abstinence

—

1.b

The applicant was involved in a serious car accident in October 2003 due to alcohol abuse.

For Applicant

DUI or DWI Alcohol

Denied

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

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

(b) acknowledges the pattern and has established modified use or abstinence

—

1.c

The applicant ceased drinking alcohol from October 2003 through February 2005.

For Applicant

Continued Use After Treatment

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

—

1.d

Since 2005, the applicant occasionally has a glass of wine and no longer drinks and drives.

For Applicant

Binge or Intoxication Pattern

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

—

1.e

The applicant has not engaged in any further alcohol-related incidents since 2003.

For Applicant

Unspecified Alcohol Incident

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

—

1.f

The applicant has demonstrated significant change in his alcohol consumption behavior since the 2003 accident.

For Applicant

Unspecified Alcohol Incident

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

—

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Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision