ISCR Case 09-01565.h1

Case Headnote

ISCR Case No. 09-01565.h1

grantedFeb 25, 2010· Hon. Shari Dam· hearing

Summary

A 34-year-old U.S. Marine veteran was granted a security clearance despite concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The applicant had a history of alcohol-related incidents, including a 1992 DUI, a 1995 Minor in Possession charge, and a 1998 arrest for Assault and Drunk and Disorderly Conduct. He was diagnosed with Alcohol Dependence in 2007 and consumed alcohol to intoxication until August 2009.

Additionally, the applicant provided inconsistent information on multiple security forms. On an April 2005 SF-86, he answered "no" to questions about alcohol/drug-related offenses, military disciplinary proceedings, and other arrests. He also answered "no" to a question about convictions, imprisonment, probation, or parole on a May DFE. However, on an October 2008 e-QIP, he answered "yes" to having been charged with or convicted of a felony offense.

The judge granted the clearance, finding that the applicant had made significant strides in recovery. He voluntarily entered a substance abuse treatment program in September 2009, has been sober since August 30, 2009, and regularly attends Alcoholics Anonymous. The applicant took full responsibility for his past actions, and his command and employer supported his recovery efforts. His military service and positive work references further supported the decision.

Why the Applicant Prevailed

The applicant demonstrated credible efforts towards recovery from alcohol dependence, including voluntary treatment and consistent attendance at AA meetings.
He took full responsibility for his past behavior and showed remorse, which contributed to the judge's favorable assessment of his character.
The applicant's military service and positive work references supported his case for reinstatement of security clearance.

Conditions Referenced

Disqualifying

G22(a)raisedAlcohol-related Incidents Away From Work
G22(c)raisedHabitual or Binge Consumption of Alcohol
G22(d)raisedDiagnosis of Alcohol Dependence
G22(f)raisedRelapse After Diagnosis of Alcohol Dependence
E2(c)raisedDeliberate Omission of Information

Mitigating

G20(a)appliedPositive Changes in Behavior
G20(b)appliedEvidence of Rehabilitation
E2(a)appliedFull Disclosure of Past Conduct

Key Rule Quoted

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

Procedural Posture

SOR issuedAug 17, 2009
Answer filedSep 8, 2009
Hearing heldNov 19, 2009
Decision dateFeb 25, 2010

Cite For

Demonstrating the Impact of Rehabilitation Efforts on Security Clearance Decisions
The Importance of Credible Character References in Security Clearance Cases
The Relevance of Military Service in Mitigating Security Concerns

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
3.a	In response to Section 23: Your Police Record: “(d) Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs,” Applicant answered “no” on the April 2005 SF-86.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	—	—	—
3.b	In response to Section 23: Your Police Record: “(e) In the last 7 years, have you been subject to court marital or other disciplinary proceedings under the Uniform Code of Military Justice?” (include non-judicial, Captain’s mast, etc.),” Applicant answered “no” on the April 2005 SF-86.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	—	—	—
3.c	In response to Section 23: Your Police Record: “(f) In the last 7 years, have you been arrested for, charged with, or convicted of any offense(s) not listed in response to a, b, c, d, or e above?” Applicant answered “no” on the April 2005 SF-86.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	—	—	—
3.d	In response to Question 9, “During the last 10 years, have you been convicted, been imprisoned, been on probation, or been on parole? (Includes felonies firearms or explosives violations misdemeanors and all other offenses.),” on the May DFE, he answered “no.”	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	—	—	—
3.e	In response to Section 23: Your Police Record: (a) Have you ever been charged with or convicted of any felony offense? (Include those under the Uniform Code of Military Justice),” on the October 2008 e-QIP, he answered “yes.”	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

In response to Section 23: Your Police Record: “(d) Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs,” Applicant answered “no” on the April 2005 SF-86.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

—

3.b

In response to Section 23: Your Police Record: “(e) In the last 7 years, have you been subject to court marital or other disciplinary proceedings under the Uniform Code of Military Justice?” (include non-judicial, Captain’s mast, etc.),” Applicant answered “no” on the April 2005 SF-86.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

—

3.c

In response to Section 23: Your Police Record: “(f) In the last 7 years, have you been arrested for, charged with, or convicted of any offense(s) not listed in response to a, b, c, d, or e above?” Applicant answered “no” on the April 2005 SF-86.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

—

3.d

In response to Question 9, “During the last 10 years, have you been convicted, been imprisoned, been on probation, or been on parole? (Includes felonies firearms or explosives violations misdemeanors and all other offenses.),” on the May DFE, he answered “no.”

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

—

3.e

In response to Section 23: Your Police Record: (a) Have you ever been charged with or convicted of any felony offense? (Include those under the Uniform Code of Military Justice),” on the October 2008 e-QIP, he answered “yes.”

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a history of alcohol-related incidents, including a DUI in 1992, a Minor in Possession charge in 1995, and an arrest for Assault and Drunk and Disorderly Conduct in 1998.	For Applicant	Alcohol Related Arrest	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.b	The applicant was diagnosed with Alcohol Dependence in 2007.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.c	The applicant has consumed alcohol to the point of intoxication up to August 2009.	For Applicant	Binge or Intoxication Pattern	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—
1.d	The applicant completed a treatment program for alcohol abuse in 2007 but did not fully commit to recovery until August 2009.	For Applicant	Treatment Non Compliance	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.e	The applicant voluntarily entered a substance abuse treatment program in September 2009 and has been sober since August 30, 2009.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.f	The applicant has participated in Alcoholics Anonymous since September 2009 and attends meetings regularly.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.g	The applicant has taken full responsibility for his past behavior and is committed to sobriety.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.h	The applicant's command and employer are aware of his treatment for alcohol abuse and support his recovery efforts.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.i	The applicant has demonstrated significant progress in recovery and has a supportive network.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of alcohol-related incidents, including a DUI in 1992, a Minor in Possession charge in 1995, and an arrest for Assault and Drunk and Disorderly Conduct in 1998.

For Applicant

Alcohol Related Arrest

Admitted

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

—

1.b

The applicant was diagnosed with Alcohol Dependence in 2007.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

1.c

The applicant has consumed alcohol to the point of intoxication up to August 2009.

For Applicant

Binge or Intoxication Pattern

Admitted

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

—

1.d

The applicant completed a treatment program for alcohol abuse in 2007 but did not fully commit to recovery until August 2009.

For Applicant

Treatment Non Compliance

Admitted

(d) diagnosis of alcohol use disorder by a qualified professional

—

1.e

The applicant voluntarily entered a substance abuse treatment program in September 2009 and has been sober since August 30, 2009.

For Applicant

Treatment Non Compliance

Admitted

—

1.f

The applicant has participated in Alcoholics Anonymous since September 2009 and attends meetings regularly.

For Applicant

Treatment Non Compliance

Admitted

—

1.g

The applicant has taken full responsibility for his past behavior and is committed to sobriety.

For Applicant

Unspecified Alcohol Incident

Admitted

—

1.h

The applicant's command and employer are aware of his treatment for alcohol abuse and support his recovery efforts.

For Applicant

Unspecified Alcohol Incident

Admitted

—

1.i

The applicant has demonstrated significant progress in recovery and has a supportive network.

For Applicant

Unspecified Alcohol Incident

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a–2.c	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a–2.c

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

For Applicant

—

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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