ISCR Case 15-07790.h1

Case Headnote

ISCR Case No. 15-07790.h1

grantedFeb 27, 2017· Hon. Francisco Mendez· hearing

Summary

This security clearance decision involved an applicant, a single parent in his early thirties, facing concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons cited three instances of driving under the influence (DUI) in 2004, 2011, and 2013, along with habitual or binge alcohol consumption leading to impaired judgment. The allegations also noted the applicant's acknowledgment of alcoholism or alcohol abuse, and his provision of evidence of actions taken to overcome the problem, including successful completion of counseling or rehabilitation.

Disqualifying conditions under AG ¶ 22(a) and AG ¶ 22(c) were raised. However, the decision applied mitigating conditions under AG ¶ 23(a), AG ¶ 23(b), AG ¶ 23(d), AG ¶ 17(c), and AG ¶ 17(d). The applicant demonstrated significant personal reform, having ceased alcohol consumption nearly four years prior and maintaining sobriety.

He provided evidence of positive lifestyle changes, including active involvement in his children's lives. The applicant also ended past unhealthy relationships that were linked to his alcohol-related incidents. Based on these demonstrated reforms and sustained abstinence, the applicant's security clearance was GRANTED.

Why the Applicant Prevailed

The applicant stopped drinking alcohol nearly four years ago and has maintained sobriety since then.
He provided evidence of positive lifestyle changes and active involvement in his children's lives.
The applicant's past alcohol-related incidents were linked to unhealthy relationships, which he has since ended.

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 Has Passed or Behavior Is Unlikely to Recur
AG ¶ 23(b)appliedAcknowledgment of Alcohol Issues and Pattern of Abstinence
AG ¶ 23(d)appliedCompletion of Counseling and Demonstrated Pattern of Abstinence
AG ¶ 17(c)appliedMinor Offense or Unlikely to Recur
AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken

Key Rule Quoted

“Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.”

Procedural Posture

SOR issuedApr 20, 2016
Answer filed—
Hearing heldSep 27, 2016mutually agreed date
Decision dateJan 27, 2017summary disposition considered

Cite For

Mitigation of Alcohol-related Security Concerns Under Guideline G
Personal Conduct Issues Related to False Allegations and Past Behavior
Demonstrating Rehabilitation and Positive Lifestyle Changes After Past Misconduct

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–2.d	4 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a–2.d

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

For Applicant

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Driving under the influence (DUI) in 2004, 2011, and 2013.	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 (d) completed treatment and aftercare with established abstinence/modified use	—
1.b	Habitual or binge consumption of alcohol to the point of impaired judgment.	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 (d) completed treatment and aftercare with established abstinence/modified use	—
1.c	The applicant has acknowledged his alcoholism or issues of alcohol abuse, provides evidence of actions taken to overcome this problem, and has established a pattern of abstinence.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence	—
1.d	The applicant has successfully completed inpatient or outpatient counseling or rehabilitation along with any required aftercare, has demonstrated a clear and established pattern of modified consumption or abstinence in accordance with treatment recommendations.	For Applicant	Treatment Non Compliance	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence (d) completed treatment and aftercare with established abstinence/modified use	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Driving under the influence (DUI) in 2004, 2011, and 2013.

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

(d) completed treatment and aftercare with established abstinence/modified use

—

1.b

Habitual or binge consumption of alcohol to the point of impaired judgment.

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

(d) completed treatment and aftercare with established abstinence/modified use

—

1.c

The applicant has acknowledged his alcoholism or issues of alcohol abuse, provides evidence of actions taken to overcome this problem, and has established a pattern of abstinence.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

—

1.d

The applicant has successfully completed inpatient or outpatient counseling or rehabilitation along with any required aftercare, has demonstrated a clear and established pattern of modified consumption or abstinence in accordance with treatment recommendations.

For Applicant

Treatment Non Compliance

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

(d) completed treatment and aftercare with established abstinence/modified use

—

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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

FORMAL FINDINGS

CONCLUSION

FOOTNOTES