ISCR Case 08-08944.h1

Case Headnote

ISCR Case No. 08-08944.h1

deniedSep 11, 2009· Hon. Carol G. Ricciardello· hearing

Summary

The applicant, a 36-year-old male seeking a security clearance, faced concerns under Guidelines B, E, G, H, and J due to foreign influence, personal conduct, alcohol consumption, drug involvement, and criminal conduct. While he mitigated concerns under Guidelines B and G, he failed to address the issues under the other guidelines, leading to a denial of his security clearance.

Under Guideline B (Foreign Influence), Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant has inconsistent and infrequent contact with a woman who is a Colombian national and works at the Colombian embassy. Their relationship is platonic and casual. There is no evidence that it would create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion (1.a). The applicant has a history of alcohol-related incidents, including multiple DUIs and public intoxication (3.a). The applicant was diagnosed with alcohol dependence by a qualified professional (3.b). The applicant completed an alcohol treatment program and attended Alcoholics Anonymous (AA) meetings (3.c). The applicant has maintained sobriety since completing treatment and has not consumed alcohol since September 2006 (3.d). From 1996 to December 2007, Applicant used illegal drugs (2.a). Applicant used marijuana about 100 times each year from June 1996 to July 2000, about 25 times each year from 2000 to 2005, and about three to four times from 2005 to December 2007 (2.b). On August 1995, Applicant was arrested and charged with Driving Under the Influence of Alcohol (DUI) and Driving on a Suspended License. On September 18, 1995, he pled guilty and was sentenced to probation for three years and was given a $1,419 fine (1.a). On September 29, 1996, Applicant was arrested and charged with Driving on a Suspended License. He pled guilty and was placed on probation conditioned upon serving 10 days in jail and paying a $940 fine. He did not serve any jail time and failed to pay the fine. A bench warrant was issued on May 19, 1997, and his probation was revoked (1.b). On March 25, 2000, Applicant was drinking at a bar with friends. He was arrested and charged with DUI and Driving on a Suspended License. His blood alcohol level was .17%. On August 31, 2000, Applicant pled guilty to DUI and was sentenced to 96 hours in jail. He received a $2,035 fine and was ordered to complete an alcohol abuse program (1.c). In June 2005, Applicant was arrested by the city police where he attended school, and charged with public intoxication. He spent the night in jail, paid a fine, and was released the next day (1.d). From 1996 to December 2007, Applicant used illegal drugs. He used marijuana and cocaine on multiple occasions, and he admitted to using hashish while in Morocco (1.e).

The judge denied the clearance. The government raised disqualifying conditions E2.A5.1, H2.A1.1, J2.A1.1. The judge applied mitigating conditions B3.A1.1, G2.A1.1. The decision turned on the following: Applicant failed to mitigate concerns under Guideline E, Personal Conduct, due to intentional omissions on his security clearance application; Applicant's history of drug involvement under Guideline H, including significant marijuana use and cocaine use, raised reliability concerns; Applicant's criminal conduct under Guideline J, including multiple DUIs and driving on a suspended license, indicated a disregard for laws.

Why the Applicant Prevailed

Applicant mitigated concerns under Guideline B, Foreign Influence, due to the platonic nature of his relationship with a Colombian national.
Applicant mitigated concerns under Guideline G, Alcohol Consumption, by demonstrating a period of sobriety and participation in treatment.

Conditions Referenced

Disqualifying

E2.A5.1appliedPersonal Conduct
H2.A1.1appliedDrug Involvement
J2.A1.1appliedCriminal Conduct

Mitigating

B3.A1.1appliedForeign Influence
G2.A1.1appliedAlcohol Consumption

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 31, 2009
Answer filedMay 18, 2009
Hearing heldAug 18, 2009
Decision dateSep 11, 2009

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Evaluation of Alcohol Consumption History Under Guideline G
Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J

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

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant has inconsistent and infrequent contact with a woman who is a Colombian national and works at the Colombian embassy. Their relationship is platonic and casual. There is no evidence that it would create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.	For Applicant	Friend in Foreign Country Friend GOVT-AFFILIATED	Colombia HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has inconsistent and infrequent contact with a woman who is a Colombian national and works at the Colombian embassy. Their relationship is platonic and casual. There is no evidence that it would create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.

For Applicant

Friend in Foreign Country

Friend

GOVT-AFFILIATED

Colombia

HEIGHTENED RISK

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
4.a–5.c	8 sub-charges — specific text not stated in this decision (against the applicant).	Mixed		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a–5.c

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

Mixed

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	The applicant has a history of alcohol-related incidents, including multiple DUIs and public intoxication.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
3.b	The applicant was diagnosed with alcohol dependence by a qualified professional.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
3.c	The applicant completed an alcohol treatment program and attended Alcoholics Anonymous (AA) meetings.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
3.d	The applicant has maintained sobriety since completing treatment and has not consumed alcohol since September 2006.	For Applicant	Continued Use After Treatment	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

The applicant has a history of alcohol-related incidents, including multiple DUIs and public intoxication.

For Applicant

DUI or DWI Alcohol

Admitted

—

3.b

The applicant was diagnosed with alcohol dependence by a qualified professional.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

3.c

The applicant completed an alcohol treatment program and attended Alcoholics Anonymous (AA) meetings.

For Applicant

Treatment Non Compliance

Admitted

—

3.d

The applicant has maintained sobriety since completing treatment and has not consumed alcohol since September 2006.

For Applicant

Continued Use After Treatment

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	From 1996 to December 2007, Applicant used illegal drugs.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
2.b	Applicant used marijuana about 100 times each year from June 1996 to July 2000, about 25 times each year from 2000 to 2005, and about three to four times from 2005 to December 2007.	Against Applicant	Marijuana	Frequent	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

From 1996 to December 2007, Applicant used illegal drugs.

Against Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

2.b

Applicant used marijuana about 100 times each year from June 1996 to July 2000, about 25 times each year from 2000 to 2005, and about three to four times from 2005 to December 2007.

Against Applicant

Marijuana

Frequent

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	On August 1995, Applicant was arrested and charged with Driving Under the Influence of Alcohol (DUI) and Driving on a Suspended License. On September 18, 1995, he pled guilty and was sentenced to probation for three years and was given a $1,419 fine.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
1.b	On September 29, 1996, Applicant was arrested and charged with Driving on a Suspended License. He pled guilty and was placed on probation conditioned upon serving 10 days in jail and paying a $940 fine. He did not serve any jail time and failed to pay the fine. A bench warrant was issued on May 19, 1997, and his probation was revoked.	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	—	—	—
1.c	On March 25, 2000, Applicant was drinking at a bar with friends. He was arrested and charged with DUI and Driving on a Suspended License. His blood alcohol level was .17%. On August 31, 2000, Applicant pled guilty to DUI and was sentenced to 96 hours in jail. He received a $2,035 fine and was ordered to complete an alcohol abuse program.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
1.d	In June 2005, Applicant was arrested by the city police where he attended school, and charged with public intoxication. He spent the night in jail, paid a fine, and was released the next day.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—
1.e	From 1996 to December 2007, Applicant used illegal drugs. He used marijuana and cocaine on multiple occasions, and he admitted to using hashish while in Morocco.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

On August 1995, Applicant was arrested and charged with Driving Under the Influence of Alcohol (DUI) and Driving on a Suspended License. On September 18, 1995, he pled guilty and was sentenced to probation for three years and was given a $1,419 fine.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

—

1.b

On September 29, 1996, Applicant was arrested and charged with Driving on a Suspended License. He pled guilty and was placed on probation conditioned upon serving 10 days in jail and paying a $940 fine. He did not serve any jail time and failed to pay the fine. A bench warrant was issued on May 19, 1997, and his probation was revoked.

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

—

1.c

On March 25, 2000, Applicant was drinking at a bar with friends. He was arrested and charged with DUI and Driving on a Suspended License. His blood alcohol level was .17%. On August 31, 2000, Applicant pled guilty to DUI and was sentenced to 96 hours in jail. He received a $2,035 fine and was ordered to complete an alcohol abuse program.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

—

1.d

In June 2005, Applicant was arrested by the city police where he attended school, and charged with public intoxication. He spent the night in jail, paid a fine, and was released the next day.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

1.e

From 1996 to December 2007, Applicant used illegal drugs. He used marijuana and cocaine on multiple occasions, and he admitted to using hashish while in Morocco.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

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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

FOOTNOTES