A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-04160.h1
GrantedDecided May 1, 2017 · Administrative Judge Carol G. Ricciardello · Hearing
Case headnote
Summary
The applicant, diagnosed with alcohol dependency in 2009, faced security concerns under Guideline G (alcohol consumption) and Guideline J (criminal conduct) due to a past arrest in 2014. After completing inpatient rehabilitation and maintaining sobriety for two years, the applicant demonstrated significant personal change and commitment to recovery, leading to a favorable decision.
Why the applicant prevailed
- Successfully completed inpatient alcohol rehabilitation treatment.
- Maintained sobriety for two years and actively participates in Alcoholics Anonymous.
- Demonstrated a sincere commitment to personal change and a healthy relationship with his wife.
Conditions referenced
Mitigating
- AG ¶ 23(a) The individual has acknowledged his alcohol problem and has taken positive steps to address it.applied
- AG ¶ 23(b) The individual has successfully completed a rehabilitation program.applied
- AG ¶ 30(a) The individual has established a pattern of responsible conduct.applied
- AG ¶ 30(d) The individual has received counseling and has a supportive relationship with family members.applied
Key rule quoted
“I also gave due consideration to the whole-person concept.”
Procedural posture
- SOR issued
- 03/23/2016
- Answer filed
- 04/20/2016
- Hearing held
- 04/20/2017
- Decision date
- 05/01/2017
Cite for
- Mitigation of Alcohol-related Security Concerns Under Guideline G
- Successful Rehabilitation Efforts Impacting Security Clearance Decisions
- Importance of Personal Accountability and Support Systems in Security Clearance Evaluations.
Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.
From the decision
Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.
- Bankruptcy
- none
Allegations under Guideline G
Reading the 4 per allegation rows needs a free account.
4 rows in this decision.
It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.
Allegations under Guideline J
Reading the 5 per allegation rows needs a free account.
5 rows in this decision.
It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.
Descriptive standardized rendering of a decided public case. The verbatim source decision is below.
Full decision
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Decision text, by section
DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS
In the matter of: ) ) ) ISCR Case No. 15-04160 ) ) Applicant for Security Clearance
Appearances
For Government: Chris Morin, Esq., Department Counsel For Applicant: Pro se
05/01/2017 ______________
Decision
______________
RICCIARDELLO, Carol G., Administrative Judge:
On March 23, 2016, the Department of Defense (DOD) issued a Statement of Reasons (SOR) to Applicant detailing security concerns under Guideline G, alcohol consumption, and Guideline J, criminal conduct. The action was taken under Executive Order 10865, Safeguarding Classified Information within Industry (February 20, 1960), as amended; DOD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 1992), as amended (Directive); and the adjudicative guidelines (AG) implemented by the DOD on September 1, 2006.
Applicant responded to the SOR on April 20, 2016, and requested a hearing before an administrative judge. The case was assigned to me on January 24, 2017. The hearing was held as scheduled on April 20, 2017. On April 24, 2017, I proposed to the parties that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object.
Applicant was diagnosed with alcohol dependency in 2009 and continued to consume alcohol until March 2015. In 2014, he and his wife had an argument; the police were contacted; and Applicant was arrested. There is no evidence of physical abuse. Alcohol was not involved. The case was never prosecuted and the charge was expunged.
After several failed attempts to maintain sobriety, Applicant voluntarily participated in inpatient alcohol rehabilitation treatment. He successfully completed it. He reached a turning point in his life and surrendered himself to a higher power. He changed his priorities in life. He is an active participant in Alcoholics Anonymous and has been sober for two years. He and his wife attended counseling and have a healthy relationship. He was sincere and honest during his hearing. Applicant is committed to his sobriety.
Based on the record evidence as a whole, I conclude that the security concerns are mitigated under the following mitigating conditions: AG ¶¶ 23(a), 23(b), 30(a), and 30(d).
The concerns over Applicant’s past alcohol abuse and criminal conduct do not create doubt about his current reliability, trustworthiness, good judgment, and ability to protect classified information. In reaching this conclusion, I weighed the evidence as a whole and considered if the favorable evidence outweighed the unfavorable evidence. I also gave due consideration to the whole-person concept. Accordingly, I conclude that he met his ultimate burden of persuasion to show that it is clearly consistent with the national interest to continue his eligibility for access to classified information. This case is decided for Applicant.
________________________ Carol G. Ricciardello Administrative Judge