ISCR Case 08-11882.h1

Case Headnote

ISCR Case No. 08-11882.h1

deniedJul 1, 2008· Hon. Joan Caton Anthony· hearing

Summary

A 30-year-old federal contractor was denied a security clearance under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct) due to a history of alcohol-related incidents and criminal behavior. The Statement of Reasons detailed multiple alcohol-related allegations, including incidents away from work, habitual consumption leading to impaired judgment, and relapse after completing an alcohol rehabilitation program.

Specific incidents included an arrest and guilty plea for Driving or Attempting to Drive under the Influence in 2002, resulting in two years of supervised probation and a fine. In 2008, the applicant was arrested and pleaded guilty to Driving While Impaired By Alcohol, receiving a sentence of 60 days in jail (with 50 days suspended) and three years of probation. Additional criminal conduct included an arrest for illegal gambling in 2005, leading to community service, and a citation for underage possession of alcohol in 1999, which resulted in community service and a fine.

The denial was based on the applicant's admission to multiple alcohol-related incidents, including two DUIs and continued alcohol consumption despite probation restrictions. Furthermore, the applicant's criminal history, encompassing theft, underage alcohol possession, and illegal gambling, demonstrated a pattern of disregard for laws. The applicant failed to establish a clear pattern of abstinence or responsible alcohol use after treatment.

Why the Applicant Was Denied

The applicant admitted to multiple alcohol-related incidents, including two DUIs and continued alcohol consumption despite probation restrictions.
The applicant's criminal history includes theft, underage alcohol possession, and illegal gambling, demonstrating a pattern of disregard for laws and regulations.
The applicant failed to establish a clear pattern of abstinence or responsible alcohol use after treatment.

Conditions Referenced

Disqualifying

AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
AG ¶ 22(b)appliedAlcohol-related Incidents at 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
AG ¶ 31(d)appliedIndividual Is Currently on Parole or Probation
AG ¶ 31(e)appliedViolation of Parole or Probation

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 2, 2009
Answer filedNov 12, 2009
Hearing heldFeb 26, 2010Originally scheduled for February 10, 2010, but rescheduled due to snowstorms.
Decision dateMar 5, 2010

Cite For

Denial Based on Ongoing Alcohol Consumption Despite Treatment
Pattern of Criminal Conduct Affecting Security Clearance Eligibility
Impact of Probation Violations on Security Clearance Decisions

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
1.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.) (b) alcohol-related incident at work (c) habitual or binge consumption to the point of impaired judgment (g) failure to follow a court order regarding alcohol	—	—
1.b	Alcohol-related incidents at work, such as reporting for work in an intoxicated or impaired condition, or drinking on the job, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.	Against Applicant	Intoxication at Work or Duty	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work (c) habitual or binge consumption to the point of impaired judgment (g) failure to follow a court order regarding alcohol	—	—
1.c	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	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work (c) habitual or binge consumption to the point of impaired judgment (g) failure to follow a court order regarding alcohol	—	—
1.d	Diagnosis by a duly qualified medical professional (e.g., physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence.	Against Applicant	Alcohol Use Disorder Diagnosed	Denied	—	—	—
1.e	Evaluation of alcohol abuse or alcohol dependence by a licensed clinical social worker who is a staff member of a recognized alcohol treatment program.	Against Applicant	Alcohol Use Disorder Diagnosed	Denied	—	—	—
1.f	Relapse after diagnosis of alcohol abuse or dependence and completion of an alcohol rehabilitation program.	Against Applicant	Continued Use After Treatment	Admitted	(g) failure to follow a court order regarding alcohol	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.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.)

(b) alcohol-related incident at work

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

(g) failure to follow a court order regarding alcohol

—

1.b

Alcohol-related incidents at work, such as reporting for work in an intoxicated or impaired condition, or drinking on the job, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.

Against Applicant

Intoxication at Work or Duty

Admitted

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

(b) alcohol-related incident at work

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

(g) failure to follow a court order regarding alcohol

—

1.c

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

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

(b) alcohol-related incident at work

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

(g) failure to follow a court order regarding alcohol

—

1.d

Diagnosis by a duly qualified medical professional (e.g., physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence.

Against Applicant

Alcohol Use Disorder Diagnosed

Denied

—

1.e

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

Against Applicant

Alcohol Use Disorder Diagnosed

Denied

—

1.f

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

Against Applicant

Continued Use After Treatment

Admitted

(g) failure to follow a court order regarding alcohol

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was arrested and charged with Driving or Attempting to Drive under the Influence in 2002. He pleaded guilty and was sentenced to two years of supervised probation and fined.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
2.b	In 2008, Applicant was arrested and charged with Driving While Impaired By Alcohol. He pleaded guilty and was sentenced to 60 days in jail, with 50 days suspended, and three years of probation.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
2.c	Applicant was arrested and charged with illegal gambling in 2005. He pleaded guilty and was sentenced to community service.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.d	Applicant was cited for underage possession of alcohol in 1999. He pleaded guilty and was sentenced to community service and fined.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant was arrested and charged with Driving or Attempting to Drive under the Influence in 2002. He pleaded guilty and was sentenced to two years of supervised probation and fined.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) currently on parole or probation

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

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

2.b

In 2008, Applicant was arrested and charged with Driving While Impaired By Alcohol. He pleaded guilty and was sentenced to 60 days in jail, with 50 days suspended, and three years of probation.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) currently on parole or probation

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

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

2.c

Applicant was arrested and charged with illegal gambling in 2005. He pleaded guilty and was sentenced to community service.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

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

—

2.d

Applicant was cited for underage possession of alcohol in 1999. He pleaded guilty and was sentenced to community service and fined.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

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

—

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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

PROCEDURAL MATTERS

FINDINGS OF FACT

FOOTNOTES