ISCR Case 08-03392.h1

Case Headnote

ISCR Case No. 08-03392.h1

grantedAug 24, 2009· Hon. Rita C. O'Brien· hearing

Summary

This case involved a 25-year-old software developer with an associate's degree, whose security clearance application raised concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons alleged that the applicant was arrested for driving under the influence in 2006 and charged with possessing an open container of alcohol in public in 2007. Additionally, it was noted that he consumed alcohol to the point of intoxication about once per month on weekends, starting around age 21.

Further allegations under Guideline E included deliberately falsifying his answer to question 28(f) on his July 24, 2007 security clearance application and failing to disclose the same violation during his first security interview. These issues invoked disqualifying conditions related to alcohol consumption and personal conduct.

However, the applicant successfully mitigated these concerns. He demonstrated a significant change in behavior regarding alcohol consumption after his DUI arrest, completing a 12-week alcohol education program with a good prognosis and abstaining from alcohol since August 2008. His honesty and integrity were also supported by positive testimonials from supervisors and friends. Based on these mitigating factors, the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant demonstrated a significant change in behavior regarding alcohol consumption after his DUI arrest.
He completed a 12-week alcohol education program with a good prognosis and has abstained from alcohol since August 2008.
The applicant's honesty and integrity were supported by positive testimonials from supervisors and friends.

Conditions Referenced

Disqualifying

G ¶ 22(a)raisedAlcohol-related Incidents Away From Work
G ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
E ¶ 16(a)rejectedDeliberate Omission, Concealment, or Falsification of Relevant FactsThe applicant did not intentionally hide relevant information from the government.
E ¶ 16(b)rejectedDeliberately Providing False or Misleading InformationThe applicant did not have the requisite intent to establish deliberate falsification.

Mitigating

G ¶ 23(a)appliedTime Has Passed or Behavior Was Infrequent
G ¶ 23(b)appliedAcknowledgment of Alcohol Issues and Pattern of Responsible Use

Key Rule Quoted

“A security clearance decision is intended only to resolve the questions of whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedDec 31, 2008
Answer filedJan 29, 2009Applicant admitted to allegations under Guideline G and denied those under Guideline E.
Hearing heldMay 14, 2009
Decision dateAug 24, 2009

Cite For

Mitigation of Alcohol-related Security Concerns Under Guideline G
Rejection of Allegations of Personal Conduct Under Guideline E Due to Lack of Intent to Conceal
Importance of Demonstrating Changed Behavior in Alcohol Consumption 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	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	The SOR alleges that Applicant deliberately falsified his answer to question 28(f) on his July 24, 2007 security clearance application.	For Applicant	Falsification Security FormNOT DELIBERATE	—	Denied	—	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully	—
2.b	The SOR alleges that he deliberately failed to disclose the same violation during his first security interview.	For Applicant	Lack of Candor in InterviewNOT DELIBERATE	—	Denied	—	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The SOR alleges that Applicant deliberately falsified his answer to question 28(f) on his July 24, 2007 security clearance application.

For Applicant

Falsification Security FormNOT DELIBERATE

—

Denied

—

(a) prompt, good-faith correction before being confronted

(b) omission/refusal followed advice of counsel; later cooperated fully

—

2.b

The SOR alleges that he deliberately failed to disclose the same violation during his first security interview.

For Applicant

Lack of Candor in InterviewNOT DELIBERATE

—

Denied

—

(a) prompt, good-faith correction before being confronted

(b) omission/refusal followed advice of counsel; later cooperated fully

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant was arrested for Driving/Attempting to Drive Vehicle While Under the Influence of Alcohol in 2006.	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	—
1.b	The applicant was charged with possessing an open container of alcohol in public in 2007.	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	(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	The applicant consumed alcohol to the point of intoxication, on weekends, about once per month, starting at about age 21.	For Applicant	Binge or Intoxication Pattern	Admitted	(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	—
1.d	specific text not stated in this decision	For Applicant	Unspecified Alcohol Incident	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant was arrested for Driving/Attempting to Drive Vehicle While Under the Influence of Alcohol in 2006.

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

—

1.b

The applicant was charged with possessing an open container of alcohol in public in 2007.

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

(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

The applicant consumed alcohol to the point of intoxication, on weekends, about once per month, starting at about age 21.

For Applicant

Binge or Intoxication Pattern

Admitted

(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

—

1.d

specific text not stated in this decision

For Applicant

Unspecified Alcohol Incident

Unknown

—

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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 ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES