ISCR Case 08-03334.h1

Case Headnote

ISCR Case No. 08-03334.h1

deniedJul 1, 2008· Hon. LeRoy F. Foreman· hearing

Summary

A 49-year-old mainframe technician was denied a security clearance under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption) due to a history of alcohol-related offenses and intentional omissions on his application. The Statement of Reasons detailed multiple incidents of alcohol consumption to excess and intoxication from at least May 1999 to August 2007.

Specifically, the applicant was charged with OWI in May 1999, DWI in April 2003, DWI in March 2004, and DUI in July 2005. These incidents led to diagnoses of alcohol abuse and dependence, and multiple instances of court-ordered alcohol counseling. Despite completing counseling, the applicant continued to consume alcohol after January 2006. Furthermore, the applicant failed to disclose his 1999 OWI arrest on his June 2006 security clearance application.

The denial was based on the applicant's pattern of excessive alcohol consumption and his intentional omission of a prior OWI arrest, which demonstrated a lack of candor. While some rehabilitative efforts were made, including belated participation in aftercare and AA, these were deemed insufficient to mitigate the concerns about his reliability and trustworthiness.

Why the Applicant Was Denied

The applicant had multiple alcohol-related offenses, including OWI and DWI arrests, demonstrating a pattern of excessive alcohol consumption.
The applicant intentionally omitted a prior OWI arrest from his security clearance application, which constituted a lack of candor and honesty.
The applicant's belated participation in aftercare and AA was viewed as insufficient to mitigate the concerns raised by his past behavior.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 22(e)raisedEvaluation of Alcohol Abuse or Dependence
AG ¶ 22(f)raisedRelapse After Diagnosis of Alcohol Abuse or Dependence
AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts

Mitigating

AG ¶ 23(a)rejectedTime Passed Without MisconductThe applicant's last excessive drinking incident was in 2005, but the judge found insufficient evidence of a changed lifestyle.
AG ¶ 23(b)rejectedAcknowledgment of Alcohol Issues and Actions TakenWhile the applicant acknowledged his issues, the judge found his actions did not sufficiently demonstrate a pattern of abstinence.
AG ¶ 23(d)rejectedSuccessful Completion of Counseling and AftercareThe applicant's aftercare participation was deemed insufficiently timely and motivated by the pending hearing.

Key Rule Quoted

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

Procedural Posture

SOR issuedJun 12, 2009
Answer filedJul 15, 2009
Hearing heldNov 19, 2009
Decision dateFeb 25, 2010

Cite For

Denial Based on Multiple Alcohol-related Offenses Under Guideline G
Lack of Candor in Security Clearance Applications Under Guideline E
Insufficient Evidence of Rehabilitation Despite Participation in Aftercare Programs.

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	Applicant failed to disclose his 1999 operating while intoxicated (OWI) arrest on his June 2006 security clearance application.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant failed to disclose his 1999 operating while intoxicated (OWI) arrest on his June 2006 security clearance application.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Admitted

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The SOR alleges Applicant consumed alcohol, at times to excess and to the point of intoxication, from at least May 1999 to at least August 2007.	For Applicant	Binge or Intoxication Pattern	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	(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	—
1.b	It alleges he was charged with OWI in May 1999, received alcohol counseling in May 1999, and was diagnosed with alcohol abuse.	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 (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	(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	—
1.c	It alleges that he was charged with DWI in April 2003, pleaded guilty to a lesser offense, and received alcohol counseling in June and July 2003, and was diagnosed with alcohol dependence.	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 (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	(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	—
1.d	It alleges that he was charged with DWI in March 2004, pleaded guilty to a lesser offense, and completed two days of alcohol counseling in June 2004.	For Applicant	Alcohol Related Arrest	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	(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	—
1.e	It alleges that he was arrested for DUI in July 2005, pleaded guilty to DUI, received court-ordered alcohol counseling from September 2005 to January 2006, and was diagnosed with alcohol dependence.	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 (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	(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	—
1.f	It alleges that he continued to consume alcohol after completing the court-ordered counseling in January 2006.	For 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 (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	(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	—
1.g–1.j	4 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed			—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The SOR alleges Applicant consumed alcohol, at times to excess and to the point of intoxication, from at least May 1999 to at least August 2007.

For Applicant

Binge or Intoxication Pattern

Denied

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

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

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

(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

—

1.b

It alleges he was charged with OWI in May 1999, received alcohol counseling in May 1999, and was diagnosed with alcohol abuse.

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

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

(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

—

1.c

It alleges that he was charged with DWI in April 2003, pleaded guilty to a lesser offense, and received alcohol counseling in June and July 2003, and was diagnosed with alcohol dependence.

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

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

(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

—

1.d

It alleges that he was charged with DWI in March 2004, pleaded guilty to a lesser offense, and completed two days of alcohol counseling in June 2004.

For Applicant

Alcohol Related Arrest

Admitted

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

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

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

(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

—

1.e

It alleges that he was arrested for DUI in July 2005, pleaded guilty to DUI, received court-ordered alcohol counseling from September 2005 to January 2006, and was diagnosed with alcohol dependence.

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

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

(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

—

1.f

It alleges that he continued to consume alcohol after completing the court-ordered counseling in January 2006.

For 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

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

(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

—

1.g–1.j

4 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

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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