ISCR Case 08-03767.h1

Case Headnote

ISCR Case No. 08-03767.h1

grantedMar 11, 2009· Hon. Wilford H. Ross· hearing

Summary

A 43-year-old married defense contractor sought to retain his security clearance despite two alcohol-related incidents in 2007 and 2008, which raised concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The first incident in July 2007 involved a citation for Possession of Alcoholic Beverage in a County Park, resulting in a fine. The second, in May 2008, led to an arrest for Driving Under the Influence of Alcohol after the applicant had consumed beer and cold medicine. He subsequently pleaded guilty to a reduced charge of Reckless Driving, receiving a fine, alcohol assessments, alcohol education classes, fees or 13 days in jail, and three years of probation. He successfully completed the alcohol education classes.

The judge ultimately granted the security clearance, finding that the applicant had successfully mitigated the security concerns. This decision was based on several factors. The applicant demonstrated successful rehabilitation by completing alcohol education classes and receiving a favorable assessment indicating no alcohol abuse or dependence.

Additionally, the incidents were deemed infrequent and occurred under unusual circumstances, lessening their impact on his reliability and trustworthiness. The applicant's case was further supported by positive character references from family, friends, and colleagues, and the absence of a pattern of alcohol-related issues.

Why the Applicant Prevailed

The applicant demonstrated successful rehabilitation by completing alcohol education classes and receiving a favorable assessment indicating no alcohol abuse or dependence.
The applicant's alcohol-related incidents were infrequent and occurred under unusual circumstances, mitigating their impact on his reliability and trustworthiness.
Positive character references from family, friends, and colleagues supported the applicant's case for maintaining his security clearance.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(d)raisedIndividual Is Currently on Parole or Probation
AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work

Mitigating

AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness or Good Judgment.
AG ¶ 32(d)appliedThere Is Evidence of Successful Rehabilitation, Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity, Remorse or Restitution, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement.
AG ¶ 23(a)appliedSo Much Time Has Passed, or the Behavior Was so Infrequent, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness or Good Judgment.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedNov 10, 2008
Answer filedDec 3, 2008
Hearing heldJan 16, 2009
Decision dateMar 11, 2009

Cite For

Successful Rehabilitation in Cases Involving Alcohol-related Incidents
Mitigating Factors Under Guidelines G and J
Whole Person Concept in Security Clearance Evaluations

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
2.a	The Applicant has used intoxicants to excess.	For Applicant	Unspecified Alcohol Incident	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(a) so much time has passed / so infrequent that it is unlikely to recur	—
2.b	The Applicant has had two alcohol-related incidents.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(a) so much time has passed / so infrequent that it is unlikely to recur (d) completed treatment and aftercare with established abstinence/modified use	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The Applicant has used intoxicants to excess.

For Applicant

Unspecified Alcohol Incident

Denied

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

(a) so much time has passed / so infrequent that it is unlikely to recur

—

2.b

The Applicant has had two alcohol-related incidents.

For Applicant

DUI or DWI Alcohol

Admitted

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

(a) so much time has passed / so infrequent that it is unlikely to recur

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The Applicant has had two alcohol related incidents - in 2007 and 2008. The Applicant was cited in July 2007 for Possession of Alcoholic Beverage in County Park. He received a fine for this incident. The Applicant’s second alcohol related incident happened in May 2008. On that occasion, the Applicant went to a bar with some friends after playing softball. He had been drinking beer earlier, as well as taking cold medicine. The Applicant drank more beer at the bar, but waited for what he felt was a sufficient time before driving home. The Applicant was subsequently arrested for Driving Under the Influence of Alcohol. The Applicant pleaded guilty to a reduced charge of Reckless Driving and was sentenced to pay a fine, receive alcohol assessments and complete alcohol education classes, pay fees or serve 13 days in jail, and he was placed on three years probation. He successfully completed the alcohol education classes.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (d) violation of parole/probation or failure to complete a court program	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.b	The Applicant has had two alcohol related incidents - in 2007 and 2008. The Applicant was cited in July 2007 for Possession of Alcoholic Beverage in County Park. He received a fine for this incident. The Applicant’s second alcohol related incident happened in May 2008. On that occasion, the Applicant went to a bar with some friends after playing softball. He had been drinking beer earlier, as well as taking cold medicine. The Applicant drank more beer at the bar, but waited for what he felt was a sufficient time before driving home. The Applicant was subsequently arrested for Driving Under the Influence of Alcohol. The Applicant pleaded guilty to a reduced charge of Reckless Driving and was sentenced to pay a fine, receive alcohol assessments and complete alcohol education classes, pay fees or serve 13 days in jail, and he was placed on three years probation. He successfully completed the alcohol education classes.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (d) violation of parole/probation or failure to complete a court program	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The Applicant has had two alcohol related incidents - in 2007 and 2008. The Applicant was cited in July 2007 for Possession of Alcoholic Beverage in County Park. He received a fine for this incident. The Applicant’s second alcohol related incident happened in May 2008. On that occasion, the Applicant went to a bar with some friends after playing softball. He had been drinking beer earlier, as well as taking cold medicine. The Applicant drank more beer at the bar, but waited for what he felt was a sufficient time before driving home. The Applicant was subsequently arrested for Driving Under the Influence of Alcohol. The Applicant pleaded guilty to a reduced charge of Reckless Driving and was sentenced to pay a fine, receive alcohol assessments and complete alcohol education classes, pay fees or serve 13 days in jail, and he was placed on three years probation. He successfully completed the alcohol education classes.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(d) violation of parole/probation or failure to complete a court program

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.b

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(d) violation of parole/probation or failure to complete a court program

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

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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