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ISCR Case 15-04160.h1 — CASE

ISCR Case 15-04160.h1granted

Case Headnote

ISCR Case No. 15-04160.h1

grantedMay 1, 2017· Hon. Carol G. Ricciardello· hearing

Summary

This DOHA security clearance case involved an applicant with concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant was diagnosed with alcohol dependency in 2009 and continued to consume alcohol until March 2015. Additionally, in 2014, the applicant was arrested following an argument with his wife, though there was no evidence of physical abuse, alcohol was not involved, and the charge was expunged.

After several unsuccessful attempts to maintain sobriety, the applicant voluntarily completed inpatient alcohol rehabilitation treatment. He subsequently maintained sobriety for two years and became an active participant in Alcoholics Anonymous.

The decision to grant the clearance was based on the applicant's successful completion of rehabilitation, his two years of sobriety, and his active participation in Alcoholics Anonymous. These actions demonstrated a sincere commitment to personal change and a healthy relationship with his wife, leading to the application of mitigating conditions and a GRANTED outcome.

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)appliedThe Individual Has Acknowledged His Alcohol Problem and Has Taken Positive Steps to Address It.
AG ¶ 23(b)appliedThe Individual Has Successfully Completed a Rehabilitation Program.
AG ¶ 30(a)appliedThe Individual Has Established a Pattern of Responsible Conduct.
AG ¶ 30(d)appliedThe Individual Has Received Counseling and Has a Supportive Relationship with Family Members.

Key Rule Quoted

“I also gave due consideration to the whole-person concept.”

Procedural Posture

SOR issuedMar 23, 2016
Answer filedApr 20, 2016
Hearing heldApr 20, 2017
Decision dateMay 1, 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.

Standardized Decision Profile

SEAD-4 Guideline G (Alcohol Consumption) · descriptive summary of a decided case

Posture: Decision on RecordDecided: grantedAUD DIAGNOSEDTREATMENT COMPLETED · FAVORABLE

The applicant was diagnosed with alcohol dependency in 2009 and continued to consume alcohol until March 2015. After several failed attempts to maintain sobriety, he voluntarily participated in inpatient alcohol rehabilitation treatment, successfully completed it, and has been sober for two years, which led to the judge concluding that the security concerns were mitigated.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant was diagnosed with alcohol dependency in 2009 and continued to consume alcohol until March 2015.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	(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.b	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.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.c	After several failed attempts to maintain sobriety, Applicant voluntarily participated in inpatient alcohol rehabilitation treatment. He successfully completed it.	For Applicant	Treatment Non Compliance	Admitted	—	(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	Credited Substance Treatment Completed
1.d	He is an active participant in Alcoholics Anonymous and has been sober for two years.	For Applicant	Continued Use After Treatment	Admitted	—	(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	Credited Abstinence Period Documented

Descriptive standardized rendering of a decided public case (Guideline G). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant's past criminal conduct, specifically an arrest related to an argument with his wife, was mitigated by his commitment to sobriety and rehabilitation efforts. The applicant demonstrated sincerity and honesty during the hearing, leading to a decision in his favor regarding security clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	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.	For Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Denied	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.b–1.e	4 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed		—		—	—	—

Descriptive standardized rendering of a decided public case (Guideline J). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

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