ISCR Case 14-01481.h1

Case Headnote

ISCR Case No. 14-01481.h1

grantedJan 22, 2018· Hon. Robert J. Tuider· hearing

Summary

A 37-year-old database administrator was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The applicant had a history of alcohol consumption to excess, dating back to his early twenties, and two arrests for driving under the influence (DUI). The first DUI arrest in July 2009 resulted in a plea of guilty to reckless driving with alcohol, with all sentencing requirements completed by October 2010. A second DUI arrest in October 2014 led to a conviction and a sentence that included probation, driver’s license revocation, and an ignition interlock device, all completed by May 2017.

Additionally, the applicant faced allegations of falsifying his November 1, 2013 SF-86 regarding prior criminal proceedings and illegal drug use. However, the judge found that the applicant had taken significant steps to mitigate these concerns. He completed a 12-week group therapy session for substance abuse as part of his DUI school and no longer associates with friends he believes put him in a "really bad position." The applicant stated his last intoxication was in October 2014.

The decision to grant the clearance was based on the applicant demonstrating a clear pattern of modified alcohol consumption or abstinence, providing credible evidence of actions taken to overcome his alcohol-related issues, and receiving character references supporting his trustworthiness and good conduct.

Why the Applicant Prevailed

The applicant demonstrated a clear and established pattern of modified consumption or abstinence from alcohol.
He provided credible evidence of actions taken to overcome his alcohol-related issues, including completion of a substance abuse treatment program.
Character references supported the applicant's trustworthiness and good conduct.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 23(a)appliedTime Passed or Infrequent Behavior Unlikely to Recur
AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Evidence of Actions Taken to Overcome the Problem

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedDec 4, 2016
Answer filedJan 12, 2016
Hearing heldMar 16, 2017
Decision dateJan 22, 2018

Cite For

Mitigation of Alcohol Consumption Issues Under Guideline G
Evaluation of Personal Conduct Related to Application Disclosures
Whole-person Assessment in Security Clearance Determinations

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	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
2.b	SOR ¶ 2.b alleges that Applicant falsified his answer on his November 1, 2013 SF-86 when asked if he had been issued a summons, citation, or ticket to appear in court in a criminal proceedings in the last seven years.	For Applicant	Falsification Security FormNOT DELIBERATE	Other	Denied	—	—	—
2.c	SOR ¶ 2.c. alleges that Applicant falsified his answer on his November 1, 2013 SF-86 when asked he had illegally used any drugs or controlled substances in the last seven years.	For Applicant	Falsification Security FormNOT DELIBERATE	Other	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

2.b

SOR ¶ 2.b alleges that Applicant falsified his answer on his November 1, 2013 SF-86 when asked if he had been issued a summons, citation, or ticket to appear in court in a criminal proceedings in the last seven years.

For Applicant

Falsification Security FormNOT DELIBERATE

Other

Denied

—

2.c

SOR ¶ 2.c. alleges that Applicant falsified his answer on his November 1, 2013 SF-86 when asked he had illegally used any drugs or controlled substances in the last seven years.

For Applicant

Falsification Security FormNOT DELIBERATE

Other

Denied

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a history of consuming alcohol to excess and to the point of intoxication that goes back to when he was about 20 or 21, when he would periodically become intoxicated about 'five percent of the times he drank.' He has decreased to 'less than five percent of the times he (drank) since July 2009.'	For Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	(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	Documented Abstinence Period Documented
1.b	The applicant was arrested two times for driving under the influence (DUI). The first DUI arrest occurred in July 2009. Applicant pled guilty to reckless driving with alcohol, and sentenced to six months of probation, 50 hours of community service, first offender DUI school, and $150 fine. He completed all sentencing requirements by October 2010.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	(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	Documented Abstinence Period Documented
1.c	The second DUI arrest occurred in October 2014. Contrary to his plea of not guilty, he was convicted of DUI in a jury trial, and sentenced to 12 months of probation, revocation of his driver’s license for one year, vehicle immobilization for 10 days, ignition interlock device for 12 months, 50 hours of community service, first offender DUI school and victim impact panel, and a $1,300 fine. Applicant completed all of his sentencing requirements and his probation in May 2017.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	(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	Documented Abstinence Period Documented
1.d	As part of his DUI school, he attended a 12-week group therapy session for substance abuse and was not diagnosed as alcohol dependent or abusing alcohol.	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	(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	Documented Substance Treatment Completed
1.e	Applicant no longer associates with his drinking friends. He believes his association with them puts him in a 'really bad position.' The last time he was intoxicated was the night of his second DUI arrest in October 2014.	For Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	(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	Documented Abstinence Period Documented

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of consuming alcohol to excess and to the point of intoxication that goes back to when he was about 20 or 21, when he would periodically become intoxicated about 'five percent of the times he drank.' He has decreased to 'less than five percent of the times he (drank) since July 2009.'

For Applicant

Binge or Intoxication Pattern

Admitted

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

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

(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

Documented

Abstinence Period Documented

1.b

The applicant was arrested two times for driving under the influence (DUI). The first DUI arrest occurred in July 2009. Applicant pled guilty to reckless driving with alcohol, and sentenced to six months of probation, 50 hours of community service, first offender DUI school, and $150 fine. He completed all sentencing requirements by October 2010.

For Applicant

DUI or DWI Alcohol

Admitted

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

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

(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

Documented

Abstinence Period Documented

1.c

The second DUI arrest occurred in October 2014. Contrary to his plea of not guilty, he was convicted of DUI in a jury trial, and sentenced to 12 months of probation, revocation of his driver’s license for one year, vehicle immobilization for 10 days, ignition interlock device for 12 months, 50 hours of community service, first offender DUI school and victim impact panel, and a $1,300 fine. Applicant completed all of his sentencing requirements and his probation in May 2017.

For Applicant

DUI or DWI Alcohol

Admitted

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

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

(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

Documented

Abstinence Period Documented

1.d

As part of his DUI school, he attended a 12-week group therapy session for substance abuse and was not diagnosed as alcohol dependent or abusing alcohol.

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

(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

Documented

Substance Treatment Completed

1.e

Applicant no longer associates with his drinking friends. He believes his association with them puts him in a 'really bad position.' The last time he was intoxicated was the night of his second DUI arrest in October 2014.

For Applicant

Binge or Intoxication Pattern

Admitted

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

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

(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

Documented

Abstinence Period Documented

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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

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES