ISCR Case 15-04753.h1

Case Headnote

ISCR Case No. 15-04753.h1

deniedAug 2, 2017· Hon. Carol G. Ricciardello· hearing

Summary

A 42-year-old male with a military background was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant had a history of multiple alcohol-related incidents, including arrests for driving under the influence (DUI) in 2002 and 2009, and driving while intoxicated (DWI) in 2010 and 2013. He was convicted three times for these offenses, though the 2009 conviction was dismissed after probation.

Additionally, the applicant was charged with assault on a family member in May 2010, which he stated was a false accusation by an ex-girlfriend and was dismissed. He was diagnosed with alcohol abuse and continued to consume alcohol despite prior incidents and counseling, with a history of excessive consumption from 1995 to at least March 2014.

A significant factor in the denial was the applicant's failure to disclose prior arrests on security clearance applications, which raised concerns about honesty and reliability. Despite attending alcohol awareness programs, the judge found that the applicant had not demonstrated sufficient rehabilitation or a sustained pattern of abstinence, leading to the denial of his security clearance.

Why the Applicant Was Denied

Applicant has a history of multiple alcohol-related offenses, including three DUI/DWI convictions.
Applicant failed to disclose prior arrests on security clearance applications, indicating a lack of honesty and reliability.
Despite attending alcohol awareness programs, the applicant continues to consume alcohol and has not established a sustained pattern of abstinence.

Conditions Referenced

Disqualifying

G.2.araisedAlcohol-related Incidents Away From Work
G.2.craisedHabitual or Binge Consumption of Alcohol
J.2.araisedPattern of Minor Offenses
J.2.braisedEvidence of Criminal Conduct

Mitigating

G.3.arejectedTime Has Passed or Behavior Was InfrequentApplicant's long history of alcohol-related incidents does not support this condition.
G.3.brejectedAcknowledgment of Alcohol Use and Actions TakenInsufficient evidence of sustained pattern of modified consumption or abstinence.
G.3.cappliedParticipation in Counseling or Treatment ProgramApplicant has participated in alcohol awareness programs but continues to drink.
G.3.drejectedSuccessful Completion of Treatment ProgramNo evidence of completion of a legitimate treatment program.
J.3.crejectedNo Reliable Evidence to Support the Individual Committed the OffenseInsufficient evidence to mitigate significant criminal conduct.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedOct 15, 2016
Answer filedOct 28, 2016
Hearing heldJun 7, 2017
Decision dateAug 2, 2017

Cite For

Failure to Disclose Prior Arrests on Security Clearance Applications Under Guideline E
Repeated Alcohol-related Offenses Impacting Eligibility Under Guideline G
Pattern of Criminal Conduct Affecting Trustworthiness Under Guideline J

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
3.a–3.c	3 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant	FOUND DELIBERATE	Criminal Conduct		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a–3.c

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

Against Applicant

FOUND DELIBERATE

Criminal Conduct

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant was arrested and charged with driving under the influence of alcohol (DUI) in 2002.	Against 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	—	—
1.b	In November 2009, Applicant was arrested and charged with DUI.	Against 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	—	—
1.c	In December 2010, Applicant was arrested and charged with driving while intoxicated (DWI).	Against 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	—	—
1.d	In February 2013, Applicant was arrested and charged with DWI.	Against 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	—	—
1.e	Applicant has a history of consuming alcohol sometimes to the point of excess or intoxication from 1995 to at least March 2014.	Against 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	—	—
1.f	Applicant was diagnosed with alcohol abuse.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.g	Applicant continues to consume alcohol despite previous incidents and counseling.	Against Applicant	Continued Use After Treatment	Admitted	(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

1.a

Applicant was arrested and charged with driving under the influence of alcohol (DUI) in 2002.

Against 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

—

1.b

In November 2009, Applicant was arrested and charged with DUI.

Against 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

—

1.c

In December 2010, Applicant was arrested and charged with driving while intoxicated (DWI).

Against 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

—

1.d

In February 2013, Applicant was arrested and charged with DWI.

Against 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

—

1.e

Applicant has a history of consuming alcohol sometimes to the point of excess or intoxication from 1995 to at least March 2014.

Against 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

—

1.f

Applicant was diagnosed with alcohol abuse.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

1.g

Applicant continues to consume alcohol despite previous incidents and counseling.

Against Applicant

Continued Use After Treatment

Admitted

(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
2.a	Applicant has a history of criminal conduct. He was arrested and charged four times with DUI/DWI. He was convicted three times, although the 2009 conviction was dismissed after probation.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.b	In May 2010, Applicant was charged with assault on a family member. He stated that an angry ex-girlfriend falsely accused him of the offense. He said the charge was dismissed. There is no evidence of a conviction.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant has a history of criminal conduct. He was arrested and charged four times with DUI/DWI. He was convicted three times, although the 2009 conviction was dismissed after probation.

Against Applicant

DUI or DWI Criminal

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

2.b

In May 2010, Applicant was charged with assault on a family member. He stated that an angry ex-girlfriend falsely accused him of the offense. He said the charge was dismissed. There is no evidence of a conviction.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Denied

—

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Case Profile

Summary

Why the Applicant Was Denied

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