ISCR Case 15-05188.h1

Case Headnote

ISCR Case No. 15-05188.h1

deniedJul 24, 2017· Hon. Mark W. Harvey· hearing

Summary

A 43-year-old former Army staff sergeant was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The applicant had a history of alcohol-related incidents, including a 1994 arrest for driving under the influence (DUI), a 2000 general officer reprimand for DUI, and a 2012 vehicular accident where his blood alcohol content was .271. He consumed alcohol from approximately 1994 to February 2015.

Additionally, the applicant was counseled in 2008 for improper handling of government documents, including sensitive pay information and passwords, which were later discarded by new tenants. He also failed to disclose alcohol-related offenses on his May 2010 and November 2014 security clearance applications, stating he believed the questions pertained only to the previous ten years. Furthermore, the applicant did not submit an alcohol evaluation requested by the DOD CAF in 2013, nor an updated evaluation requested after his hearing.

The denial was based on the applicant's failure to provide evidence of successful completion of an alcohol counseling or treatment program after the 2012 incident, his continued alcohol consumption, and his lack of candor in failing to disclose relevant information on security clearance applications. The judge found that the applicant did not sufficiently mitigate the concerns regarding his alcohol use and personal conduct.

Why the Applicant Was Denied

The applicant failed to provide evidence of successful completion of an alcohol counseling or treatment program after a serious alcohol-related incident in 2012.
The applicant continued to consume alcohol, including within a week of the hearing, raising concerns about his reliability and judgment.
The applicant's admissions of past alcohol-related incidents and failure to disclose relevant information on security clearance applications indicated a lack of candor.

Conditions Referenced

Disqualifying

G.22(a)raisedAlcohol-related Incidents Away From Work
G.22(c)raisedHabitual or Binge Consumption of Alcohol
E.16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
E.16(d)raisedCredible Adverse Information

Mitigating

G.23(a)rejectedTime Has Passed or Behavior Was InfrequentThe applicant did not demonstrate a sufficient period of abstinence or responsible alcohol consumption.
G.23(b)rejectedAcknowledgment of Pattern of Maladaptive Alcohol UseThe applicant did not provide evidence of actions taken to overcome alcohol issues.
G.23(c)rejectedParticipation in Counseling or Treatment ProgramThe applicant was not in a current alcohol counseling or treatment program.
G.23(d)rejectedSuccessful Completion of Treatment ProgramThe applicant did not demonstrate a clear and established pattern of modified consumption or abstinence.

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 9, 2016
Answer filedApr 18, 2016
Hearing heldFeb 23, 2017
Decision dateJul 24, 2017

Cite For

Denial of Security Clearance Due to Unresolved Alcohol Consumption Issues
Lack of Candor in Security Clearance Applications
Failure to Mitigate Personal Conduct Concerns

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	In 2008 Applicant was counseled for improper handling of government documents and violation of an order or regulation. Applicant was responsible for in-processing military students. When some of their mail arrived, he did not deliver it to them, and instead he put it in boxes in his garage. When he moved, he left the boxes in the garage, and the new tenants put the boxes of documents into a dumpster. The documents included sensitive pay information and passwords.	Against Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
2.b	The DOD CAF requested an alcohol evaluation, and Applicant failed to submit it. In October 2013, the DOD CAF asked for an evaluation of Applicant’s alcohol consumption. He did not receive a copy of the evaluation. I asked him to obtain an updated evaluation of his alcohol consumption after his hearing; however, no evaluation was received.	For Applicant	Failure to Cooperate with Security Processing	—	Denied	—	—	—
2.c	Applicant’s May 24, 2010, and November 21, 2014 SCAs asked whether he had ever been charged with any offense involving alcohol, and both times, Applicant responded, no. Applicant admitted he answered, no, and he explained he thought the SCA was seeking information about alcohol offenses in the previous 10 years.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

In 2008 Applicant was counseled for improper handling of government documents and violation of an order or regulation. Applicant was responsible for in-processing military students. When some of their mail arrived, he did not deliver it to them, and instead he put it in boxes in his garage. When he moved, he left the boxes in the garage, and the new tenants put the boxes of documents into a dumpster. The documents included sensitive pay information and passwords.

Against Applicant

Rules Violation at Workplace

—

Admitted

—

2.b

The DOD CAF requested an alcohol evaluation, and Applicant failed to submit it. In October 2013, the DOD CAF asked for an evaluation of Applicant’s alcohol consumption. He did not receive a copy of the evaluation. I asked him to obtain an updated evaluation of his alcohol consumption after his hearing; however, no evaluation was received.

For Applicant

Failure to Cooperate with Security Processing

—

Denied

—

2.c

Applicant’s May 24, 2010, and November 21, 2014 SCAs asked whether he had ever been charged with any offense involving alcohol, and both times, Applicant responded, no. Applicant admitted he answered, no, and he explained he thought the SCA was seeking information about alcohol offenses in the previous 10 years.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Criminal Conduct

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	On October 16, 1994, Applicant was arrested for driving under the influence of alcohol (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.b	On May 3, 2000, Applicant received a general officer level reprimand filed in the performance fiche of his Official Military Personnel File for 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	On June 14, 2012, Applicant was involved in a vehicular accident, and at the hospital his BAC was .271.	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	Applicant consumed alcohol from about 1994 to February 2015.	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	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

On October 16, 1994, Applicant was arrested for driving under the influence of alcohol (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.b

On May 3, 2000, Applicant received a general officer level reprimand filed in the performance fiche of his Official Military Personnel File for 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

On June 14, 2012, Applicant was involved in a vehicular accident, and at the hospital his BAC was .271.

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

Applicant consumed alcohol from about 1994 to February 2015.

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

—

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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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES