ISCR Case 07-17668.h1

Case Headnote

ISCR Case No. 07-17668.h1

grantedSep 15, 2008· Hon. Martin H. Mogul· hearing

Summary

A 36-year-old Human Resource representative was granted a security clearance despite a history of alcohol consumption and criminal conduct, evaluated under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons alleged excessive alcohol consumption from approximately 1988 to at least October 2007, leading to multiple arrests.

These incidents included a 1992 arrest for Driving While Intoxicated (DWI), driving without a license, and failure to drive within a single lane, resulting in two years of probation. In 1994, she was arrested for Assault on an Officer and, separately, for Destruction or Injury to Property, pleading guilty to the latter and receiving a suspended 30-day sentence contingent on restitution. A 1995 arrest for a second DWI offense and speeding led to a guilty plea for excessive Blood Alcohol Content (BAC)-Prior Offense. Her final alcohol-related arrest occurred in July 2006 for Driving Under the Influence (DUI), speeding, and disobedience to stop signs, for which she pleaded guilty to DUI and was fined, assigned to DUI school, and ordered to perform community service.

Throughout this period, she received alcohol-related counseling in 1995, out-patient alcohol abuse counseling in 1997, and an evaluation in 2004 that diagnosed prior alcohol abuse. The clearance was granted because the applicant acknowledged her past issues, demonstrated a commitment to abstinence, received positive character references, and her most recent evaluation indicated alcohol abuse in remission, with no further incidents since her 2006 DUI.

Why the Applicant Prevailed

The applicant acknowledged her past alcohol issues and demonstrated a commitment to abstinence.
Positive character references from multiple witnesses supported the applicant's reliability and trustworthiness.
The applicant's recent evaluation indicated alcohol abuse in remission, with no further incidents since her 2006 DUI.

Conditions Referenced

Disqualifying

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

Mitigating

G 23(b)appliedAcknowledgment of Alcohol Issues and Pattern of Abstinence

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedApr 9, 2008
Answer filedMay 1, 2008
Hearing heldAug 19, 2008in Reno, Nevada
Decision dateSep 15, 2008

Cite For

Demonstrating Rehabilitation From Alcohol Abuse Under Guideline G
The Importance of Character References in Security Clearance Cases
The Application of the Whole Person Concept in Adjudicating Security Clearance Cases

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The SOR alleges that Applicant has consumed alcohol, at times to excess and to the point of intoxication, from approximately 1988 to at least October 2007.	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	—	—
1.b	In 1992, Applicant was arrested and charged with (1) Failure to Drive within a Single Traffic Lane, (2) Driving without an operators license, and (3) Driving While Intoxicated (DWI), first offense. She plead guilty to counts (1) and (2), and she was sentenced to serve two years probation. On this occasion she made the poor choice to go out of her dorm and drive in her vehicle, after she has been consuming alcohol.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.c	In 1994, Applicant was arrested and charged with Assault on an Officer. Applicant had consumed alcohol prior to the incident.	For Applicant	Alcohol Related Arrest	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.d	In 1995, Applicant was arrested and charged with (1) Exceeding the Speed Limit, and (2) Driving a Motor Vehicle While Intoxicated (DWI), second offense. She plead guilty to excessive Blood Alcohol Content (BAC)-Prior Offense.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.e	In June 1995, Applicant received alcohol related counseling from a court ordered service.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.f	In 1994, Applicant was arrested and charged with Destruction or Injury to Property. Applicant plead guilty and she was sentenced to 30 days, suspended on the condition that she pay restitution. Applicant had consumed alcohol prior to this incident.	For Applicant	Alcohol Related Arrest	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.g	In 1997, Applicant received out-patient alcohol abuse counseling from an abuse center. Applicant testified that this consisted of meeting a counselor two times a week for two or four weeks.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.h	In February 2004, Applicant was evaluated at an alcohol therapy center. Applicant received the diagnostic impressions of prior alcohol abuse by record of arrest and reported history.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
1.i	On July 11, 2006, Applicant was arrested and charged with (1) Speeding, (2) Disobedience to Stop Signs, and (3) Driving Under the Influence of Alcohol (DUI). She plead guilty to Count (3), and she was fined, assigned to attend DUI school, and ordered to perform community service.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The SOR alleges that Applicant has consumed alcohol, at times to excess and to the point of intoxication, from approximately 1988 to at least October 2007.

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

—

1.b

In 1992, Applicant was arrested and charged with (1) Failure to Drive within a Single Traffic Lane, (2) Driving without an operators license, and (3) Driving While Intoxicated (DWI), first offense. She plead guilty to counts (1) and (2), and she was sentenced to serve two years probation. On this occasion she made the poor choice to go out of her dorm and drive in her vehicle, after she has been consuming alcohol.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

1.c

In 1994, Applicant was arrested and charged with Assault on an Officer. Applicant had consumed alcohol prior to the incident.

For Applicant

Alcohol Related Arrest

Admitted

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

—

1.d

In 1995, Applicant was arrested and charged with (1) Exceeding the Speed Limit, and (2) Driving a Motor Vehicle While Intoxicated (DWI), second offense. She plead guilty to excessive Blood Alcohol Content (BAC)-Prior Offense.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

1.e

In June 1995, Applicant received alcohol related counseling from a court ordered service.

For Applicant

Treatment Non Compliance

Admitted

—

1.f

In 1994, Applicant was arrested and charged with Destruction or Injury to Property. Applicant plead guilty and she was sentenced to 30 days, suspended on the condition that she pay restitution. Applicant had consumed alcohol prior to this incident.

For Applicant

Alcohol Related Arrest

Admitted

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

—

1.g

In 1997, Applicant received out-patient alcohol abuse counseling from an abuse center. Applicant testified that this consisted of meeting a counselor two times a week for two or four weeks.

For Applicant

Treatment Non Compliance

Admitted

—

1.h

In February 2004, Applicant was evaluated at an alcohol therapy center. Applicant received the diagnostic impressions of prior alcohol abuse by record of arrest and reported history.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

1.i

On July 11, 2006, Applicant was arrested and charged with (1) Speeding, (2) Disobedience to Stop Signs, and (3) Driving Under the Influence of Alcohol (DUI). She plead guilty to Count (3), and she was fined, assigned to attend DUI school, and ordered to perform community service.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The SOR alleges that Applicant has consumed alcohol, at times to excess and to the point of intoxication, from approximately 1988 to at least October 2007.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(b) pressured/coerced and unlikely to recur absent that pressure	—
1.b	In 1992, Applicant was arrested and charged with (1) Failure to Drive within a Single Traffic Lane, (2) Driving without an operators license, and (3) Driving While Intoxicated (DWI), first offense. She plead guilty to counts (1) and (2), and she was sentenced to serve two years probation.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(b) pressured/coerced and unlikely to recur absent that pressure	—
1.c	In 1994, Applicant was arrested and charged with Assault on an Officer. Applicant had consumed alcohol prior to the incident.	For Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	In 1995, Applicant was arrested and charged with (1) Exceeding the Speed Limit, and (2) Driving a Motor Vehicle While Intoxicated (DWI), second offense. She plead guilty to excessive Blood Alcohol Content (BAC)-Prior Offense.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(b) pressured/coerced and unlikely to recur absent that pressure	—
1.e	In June 1995, Applicant received alcohol related counseling from a court ordered service.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(b) pressured/coerced and unlikely to recur absent that pressure	—
1.f	In 1994, Applicant was arrested and charged with Destruction or Injury to Property. Applicant plead guilty and she was sentenced to 30 days, suspended on the condition that she pay restitution.	For Applicant	Vandalism or Property Damage	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.g	In 1997, Applicant received out-patient alcohol abuse counseling from an abuse center.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(b) pressured/coerced and unlikely to recur absent that pressure	—
1.h	In February 2004, Applicant was evaluated at an alcohol therapy center. Applicant received the diagnostic impressions of prior alcohol abuse by record of arrest and reported history.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(b) pressured/coerced and unlikely to recur absent that pressure	—
1.i	On July 11, 2006, Applicant was arrested and charged with (1) Speeding, (2) Disobedience to Stop Signs, and (3) Driving Under the Influence of Alcohol (DUI). She plead guilty to Count (3), and she was fined, assigned to attend DUI school, and ordered to perform community service.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(b) pressured/coerced and unlikely to recur absent that pressure	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The SOR alleges that Applicant has consumed alcohol, at times to excess and to the point of intoxication, from approximately 1988 to at least October 2007.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

(b) pressured/coerced and unlikely to recur absent that pressure

—

1.b

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) currently on parole or probation

(b) pressured/coerced and unlikely to recur absent that pressure

—

1.c

In 1994, Applicant was arrested and charged with Assault on an Officer. Applicant had consumed alcohol prior to the incident.

For Applicant

Assault or Battery

Convicted

Admitted

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

—

1.d

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) currently on parole or probation

(b) pressured/coerced and unlikely to recur absent that pressure

—

1.e

In June 1995, Applicant received alcohol related counseling from a court ordered service.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

(b) pressured/coerced and unlikely to recur absent that pressure

—

1.f

In 1994, Applicant was arrested and charged with Destruction or Injury to Property. Applicant plead guilty and she was sentenced to 30 days, suspended on the condition that she pay restitution.

For Applicant

Vandalism or Property Damage

Convicted

Admitted

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

—

1.g

In 1997, Applicant received out-patient alcohol abuse counseling from an abuse center.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

(b) pressured/coerced and unlikely to recur absent that pressure

—

1.h

In February 2004, Applicant was evaluated at an alcohol therapy center. Applicant received the diagnostic impressions of prior alcohol abuse by record of arrest and reported history.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

(b) pressured/coerced and unlikely to recur absent that pressure

—

1.i

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) currently on parole or probation

(b) pressured/coerced and unlikely to recur absent that pressure

—

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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