ISCR Case 08-07725.h1

Case Headnote

ISCR Case No. 08-07725.h1

deniedJul 22, 2009· Hon. Carol G. Ricciardello· hearing

Summary

A 32-year-old federal contractor and former military member was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant's history included multiple DUI arrests and a pattern of alcohol abuse, despite participation in rehabilitation programs.

Specific incidents cited in the Statement of Reasons included an August 2002 misdemeanor conviction for assault and battery of a family member, resulting in probation and a suspended confinement. In February 2004, the applicant was arrested for DUI with a .19% BAC, leading to a guilty plea, a suspended jail sentence, a $1,000 fine, and a restricted driver's license. A second DUI arrest occurred in November 2006, resulting in jail time, a three-year license suspension, a $500 fine, and completion of an alcohol awareness program. This 2006 incident also led to nonjudicial punishment under the Uniform Code of Military Justice for the DUI, unauthorized leave, failing to follow orders, and making a false official statement.

Most recently, in September 2008, the applicant was arrested and charged with multiple offenses, including a third DUI within five years (a felony), driving with a revoked license (a felony), refusal of a blood or breath test, and failure to report property damage from an accident. Adjudication for these felony charges is still pending. The denial was based on the applicant's multiple DUI convictions and pending felony charges, a lack of corroborating evidence for claims regarding the third DUI arrest, and a failure to demonstrate sustained rehabilitation from alcohol abuse.

Why the Applicant Was Denied

The applicant has multiple DUI convictions and pending felony charges, raising significant concerns about his judgment and reliability.
The applicant failed to provide corroborating evidence for his claims regarding his third DUI arrest, undermining his credibility.
The applicant's history of alcohol abuse and failure to demonstrate sustained rehabilitation contributed to the decision.

Conditions Referenced

Disqualifying

AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
AG ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)appliedAllegation or Admission of Criminal Conduct

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 25, 2009
Answer filedUndated
Hearing heldJun 24, 2009
Decision dateJul 22, 2009

Cite For

Impact of Multiple DUI Offenses on Security Clearance Eligibility
Failure to Provide Corroborating Evidence Undermining Credibility
Importance of Sustained Rehabilitation in Alcohol-related 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
2.a	Alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
2.b	Habitual or binge consumption of alcohol to the point of impaired judgment, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.	Against Applicant	Binge or Intoxication Pattern	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—
2.c	Evaluation of alcohol abuse or alcohol dependence by a licensed clinical social worker who is a staff member of a recognized alcohol treatment program.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
2.d	Relapse after diagnosis of alcohol abuse or dependence and completion of an alcohol rehabilitation program.	Against Applicant	Continued Use After Treatment	Admitted	(f) alcohol consumption after a diagnosis, contrary to treatment	—	—
2.e–2.f	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Mixed			—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.

Against Applicant

DUI or DWI Alcohol

Admitted

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

—

2.b

Habitual or binge consumption of alcohol to the point of impaired judgment, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.

Against Applicant

Binge or Intoxication Pattern

Admitted

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

—

2.c

Evaluation of alcohol abuse or alcohol dependence by a licensed clinical social worker who is a staff member of a recognized alcohol treatment program.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

2.d

Relapse after diagnosis of alcohol abuse or dependence and completion of an alcohol rehabilitation program.

Against Applicant

Continued Use After Treatment

Admitted

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

—

2.e–2.f

2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Mixed

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In August 2002, Applicant was arrested and charged with assault and battery of a family member. He stated his wife assaulted him and he pushed her and she sustained a bruise. He was in the military at the time and was ordered to attend the Family Advocacy Program. He received counseling and completed the program. He was convicted of a misdemeanor, sentenced to two years of probation and 30 days confinement which was suspended.	Against Applicant	Assault or Battery	Convicted	Admitted	—	—	—
1.b	On February 28, 2004, Applicant was arrested for driving under the influence of alcohol (DUI). He was speeding at the time he was stopped by the police. He had been at a party. He took a breathalyzer test and recorded a Blood Alcohol Content (BAC) of .19%. He pled guilty to the offense. He was sentenced to one year in jail and all but one day was suspended. He also paid a $1,000 fine and his driver’s license was restricted.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
1.c	Applicant was arrested on about November 25, 2006, and charged with DUI. He admitted he had been drinking alcohol at a friend’s house. He was sentenced to six months in jail; five months and 10 days were suspended. He served 20 days in jail. His driver’s license was suspended for three years. He was also ordered to attend an alcohol awareness program, which he did. He paid a $500 fine.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
1.d	On September 29, 2008, Applicant was arrested and charged with DUI, 3rd offense within 5 years, a felony; driving with a revoked license; driving without license, a felony; 3rd DWI: refusal of blood or breath test, 3rd offense; and accident: driver did not report, property damage greater than $250. Adjudication of this case is still pending. Applicant admitted he was arrested and charged, but denies he committed the offenses.	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Denied	—	—	—
1.e	Applicant also went to nonjudicial punishment in September 2007, under the Uniform Code of Military Justice, for the DUI offense of November 25, 2006, and because he was in an unauthorized leave status for two days. He did not tell his command that he had been arrested for DUI, his second offense. He was also charged with failing to follow orders to not drink and drive and with making a false official statement related to the DUI.	Against Applicant	Probation or Court Order Violation	Convicted	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In August 2002, Applicant was arrested and charged with assault and battery of a family member. He stated his wife assaulted him and he pushed her and she sustained a bruise. He was in the military at the time and was ordered to attend the Family Advocacy Program. He received counseling and completed the program. He was convicted of a misdemeanor, sentenced to two years of probation and 30 days confinement which was suspended.

Against Applicant

Assault or Battery

Convicted

Admitted

—

1.b

On February 28, 2004, Applicant was arrested for driving under the influence of alcohol (DUI). He was speeding at the time he was stopped by the police. He had been at a party. He took a breathalyzer test and recorded a Blood Alcohol Content (BAC) of .19%. He pled guilty to the offense. He was sentenced to one year in jail and all but one day was suspended. He also paid a $1,000 fine and his driver’s license was restricted.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

—

1.c

Applicant was arrested on about November 25, 2006, and charged with DUI. He admitted he had been drinking alcohol at a friend’s house. He was sentenced to six months in jail; five months and 10 days were suspended. He served 20 days in jail. His driver’s license was suspended for three years. He was also ordered to attend an alcohol awareness program, which he did. He paid a $500 fine.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

—

1.d

On September 29, 2008, Applicant was arrested and charged with DUI, 3rd offense within 5 years, a felony; driving with a revoked license; driving without license, a felony; 3rd DWI: refusal of blood or breath test, 3rd offense; and accident: driver did not report, property damage greater than $250. Adjudication of this case is still pending. Applicant admitted he was arrested and charged, but denies he committed the offenses.

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Denied

—

1.e

Applicant also went to nonjudicial punishment in September 2007, under the Uniform Code of Military Justice, for the DUI offense of November 25, 2006, and because he was in an unauthorized leave status for two days. He did not tell his command that he had been arrested for DUI, his second offense. He was also charged with failing to follow orders to not drink and drive and with making a false official statement related to the DUI.

Against Applicant

Probation or Court Order Violation

Convicted

Admitted

—

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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