ISCR Case 09-08743.h1

Case Headnote

ISCR Case No. 09-08743.h1

deniedJul 1, 2009· Hon. Edward W. Loughran· hearing

Summary

A 28-year-old defense contractor was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant's history included multiple alcohol-related incidents, criminal charges, and a police stand-off involving a firearm.

Specific allegations included two DUIs, diagnoses of alcohol dependence in 2008 and 2010, and continued alcohol consumption despite treatment recommendations. Criminal conduct allegations detailed a 2003 charge for marijuana possession, a 2008 DUI conviction, and pending charges from a July 2010 crash, including multiple DUI offenses and criminal damage. While the applicant attended counseling and AA meetings, and made efforts to address alcohol issues, these were not deemed sufficient.

The denial was based on the applicant's history of multiple alcohol-related incidents, the recency of the July 2010 incident with pending charges, and a perceived lack of full acknowledgment regarding the severity of his alcohol problems. The judge concluded that these factors raised doubts about the applicant's reliability and trustworthiness.

Why the Applicant Was Denied

The applicant has a history of multiple alcohol-related incidents, including two DUIs and a police stand-off with a firearm.
The applicant's most recent alcohol-related incident occurred in July 2010, and he is pending trial for charges related to that incident.
The applicant does not fully acknowledge the severity of his alcohol problems, raising doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

G.22.araisedAlcohol-related Incidents Away From Work
G.22.craisedHabitual or Binge Consumption of Alcohol
G.22.draisedDiagnosis of Alcohol Dependence
J.31.araisedA Single Serious Crime or Multiple Lesser Offenses
J.31.craisedAdmission of Criminal Conduct

Mitigating

G.23.bappliedAcknowledgment of Alcoholism and Evidence of Actions Taken to Overcome the ProblemThe applicant attended faith-based alcohol counseling and completed a DUI/alcohol education program.
G.23.cappliedParticipation in a Counseling or Treatment ProgramThe applicant attended Alcoholics Anonymous meetings.
J.32.arejectedTime Elapsed Since Criminal BehaviorThe applicant's most recent criminal incident occurred in July 2010, and he is pending trial.
J.32.drejectedEvidence of Successful RehabilitationThe applicant has not demonstrated a clear pattern of abstinence or rehabilitation.

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 1, 2010
Answer filedDec 21, 2010
Hearing heldMar 24, 2011
Decision dateApr 15, 2011

Cite For

Evaluation of Alcohol-related Incidents Under Guideline G
Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
Consideration of the Whole-person Concept in 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	The applicant has a history of alcohol-related incidents, including two DUIs.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.b	The applicant was diagnosed as alcohol dependent in 2008.	Against Applicant	Alcohol Use Disorder Diagnosed	Denied	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.c	The applicant was diagnosed as alcohol dependent in 2010.	Against Applicant	Alcohol Use Disorder Diagnosed	Denied	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.d	The applicant has attended alcohol counseling and AA meetings.	For Applicant	Unspecified Alcohol Incident	Denied	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.e	The applicant has made efforts to address his alcohol issues since his last DUI.	For Applicant	Unspecified Alcohol Incident	Denied	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.f	The applicant has continued to drink alcohol after treatment recommendations.	Against Applicant	Continued Use After Treatment	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of alcohol-related incidents, including two DUIs.

Against Applicant

DUI or DWI Alcohol

Admitted

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

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

—

1.b

The applicant was diagnosed as alcohol dependent in 2008.

Against Applicant

Alcohol Use Disorder Diagnosed

Denied

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

—

1.c

The applicant was diagnosed as alcohol dependent in 2010.

Against Applicant

Alcohol Use Disorder Diagnosed

Denied

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

—

1.d

The applicant has attended alcohol counseling and AA meetings.

For Applicant

Unspecified Alcohol Incident

Denied

—

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.e

The applicant has made efforts to address his alcohol issues since his last DUI.

For Applicant

Unspecified Alcohol Incident

Denied

—

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.f

The applicant has continued to drink alcohol after treatment recommendations.

Against Applicant

Continued Use After Treatment

Denied

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was charged in 2003 with marijuana possession and possession of drug paraphernalia. He received a deferred prosecution. The charges were dismissed in 2009. Applicant admits that he possessed marijuana and drug paraphernalia.	Against Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	Admitted	—	—	—
2.b	In January 2008, Applicant was arrested and charged with driving under the influence of alcohol (DUI), first offense; DUI, with BAC of .08 or more, first offense; and driving under the extreme influence of alcohol with BAC of .15 or more, first offense. He was convicted of the first charge and sentenced to 10 days in jail, and he was ordered to attend DUI counseling. The remaining charges were dismissed. The conviction was set aside in May 2009.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.c	In October 2010, Applicant was charged for the July 2010 crash with DUI with one prior DUI conviction within 84 months; DUI with BAC of .08 or more, with one prior DUI conviction within 84 months; driving under the extreme influence of alcohol with BAC of .15 or more, with one prior DUI conviction within 84 months; driving under the extreme influence of alcohol with BAC of .20 or more, with one prior DUI conviction within 84 months; and criminal damage. The charges are still pending.	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Unknown	(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 charged in 2003 with marijuana possession and possession of drug paraphernalia. He received a deferred prosecution. The charges were dismissed in 2009. Applicant admits that he possessed marijuana and drug paraphernalia.

Against Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

Admitted

—

2.b

In January 2008, Applicant was arrested and charged with driving under the influence of alcohol (DUI), first offense; DUI, with BAC of .08 or more, first offense; and driving under the extreme influence of alcohol with BAC of .15 or more, first offense. He was convicted of the first charge and sentenced to 10 days in jail, and he was ordered to attend DUI counseling. The remaining charges were dismissed. The conviction was set aside in May 2009.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

2.c

In October 2010, Applicant was charged for the July 2010 crash with DUI with one prior DUI conviction within 84 months; DUI with BAC of .08 or more, with one prior DUI conviction within 84 months; driving under the extreme influence of alcohol with BAC of .15 or more, with one prior DUI conviction within 84 months; driving under the extreme influence of alcohol with BAC of .20 or more, with one prior DUI conviction within 84 months; and criminal damage. The charges are still pending.

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Unknown

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

—

Loading case…

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