ISCR Case 10-03259.h1

Case Headnote

ISCR Case No. 10-03259.h1

grantedSep 20, 2011· Hon. Marc E. Curry· hearing

Summary

A 21-year-old college student and technician's apprentice was granted a security clearance despite concerns under Guidelines G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The Statement of Reasons cited multiple alcohol-related incidents, including driving under the influence, habitual consumption leading to impaired judgment, and a failure to follow court orders regarding alcohol. Additionally, allegations included drug abuse, testing positive for illegal drug use, and illegal drug possession. Specifically, the applicant had been arrested twice for alcohol-related criminal misconduct and once for marijuana possession within the past three years.

Disqualifying conditions were raised under paragraphs 22(a), 22(c), 22(g), 25(a), 25(b), and 31(a) of the Adjudicative Guidelines. However, the decision applied mitigating conditions 23(b), 26(b), 26(d), and 32(d) due to the applicant's demonstrated rehabilitation.

The clearance was granted because the applicant has maintained sobriety from alcohol and drugs for nearly two years. He actively participates in Alcoholics Anonymous, sharing his recovery story, and has shown significant maturity and introspection regarding his past substance abuse.

Why the Applicant Prevailed

The applicant has been alcohol and drug free for nearly two years.
He actively participates in Alcoholics Anonymous and shares his recovery story.
The applicant has shown significant maturity and introspection since his past substance abuse.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 22(g)raisedFailure to Follow Any Court Order Regarding Alcohol Education
AG ¶ 25(a)raisedAny Drug Abuse
AG ¶ 25(b)raisedTesting Positive for Illegal Drug Use
AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

AG ¶ 23(b)appliedAcknowledgment of Alcoholism and Actions Taken to Overcome It
AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Drugs in the Future
AG ¶ 26(d)appliedSatisfactory Completion of a Prescribed Drug Treatment Program
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

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

Procedural Posture

SOR issuedApr 8, 2011
Answer filedMay 24, 2011
Hearing heldAug 22, 2011Record left open for additional documents.
Decision dateSep 20, 2011

Cite For

Successful Rehabilitation Under Guideline G
Active Participation in Support Groups as a Mitigating Factor
Whole-person Concept in Evaluating Security Clearance Eligibility

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.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (g) failure to follow a court order regarding alcohol	(b) acknowledges the pattern and has established modified use or abstinence	—
1.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.	For Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (g) failure to follow a court order regarding alcohol	(b) acknowledges the pattern and has established modified use or abstinence	—
1.c	Failure to follow any court order regarding alcohol education, evaluation, treatment, or abstinence.	For Applicant	Continued Use After Treatment	Admitted	(g) failure to follow a court order regarding alcohol	(b) acknowledges the pattern and has established modified use or abstinence	—
1.d	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	(e) failure to follow treatment advice once diagnosed	(b) acknowledges the pattern and has established modified use or abstinence	—

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.

For Applicant

DUI or DWI Alcohol

Admitted

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

(g) failure to follow a court order regarding alcohol

(b) acknowledges the pattern and has established modified use or abstinence

—

1.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.

For Applicant

Binge or Intoxication Pattern

Admitted

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

(g) failure to follow a court order regarding alcohol

(b) acknowledges the pattern and has established modified use or abstinence

—

1.c

Failure to follow any court order regarding alcohol education, evaluation, treatment, or abstinence.

For Applicant

Continued Use After Treatment

Admitted

(g) failure to follow a court order regarding alcohol

(b) acknowledges the pattern and has established modified use or abstinence

—

1.d

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

(e) failure to follow treatment advice once diagnosed

(b) acknowledges the pattern and has established modified use or abstinence

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	any drug abuse	For Applicant	Marijuana	Not Applicable	Admitted	(a) any substance misuse	(b) acknowledges involvement; evidence of action; established abstinence	—
2.b	testing positive for illegal drug use	For Applicant	Drug Test Failure	Not Applicable	Admitted	(b) testing positive for an illegal drug	(d) satisfactory completion of treatment with a favorable prognosis	—
2.c	illegal drug possession, including cultivation, processing, manufacture, purchase, sale, or distribution; or possession of drug paraphernalia	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(d) satisfactory completion of treatment with a favorable prognosis	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

any drug abuse

For Applicant

Marijuana

Not Applicable

Admitted

(a) any substance misuse

(b) acknowledges involvement; evidence of action; established abstinence

—

2.b

testing positive for illegal drug use

For Applicant

Drug Test Failure

Not Applicable

Admitted

(b) testing positive for an illegal drug

(d) satisfactory completion of treatment with a favorable prognosis

—

2.c

illegal drug possession, including cultivation, processing, manufacture, purchase, sale, or distribution; or possession of drug paraphernalia

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

(d) satisfactory completion of treatment with a favorable prognosis

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	In the past three years, Applicant has been arrested twice for alcohol-related criminal misconduct and once for possession of marijuana.	For Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

In the past three years, Applicant has been arrested twice for alcohol-related criminal misconduct and once for possession of marijuana.

For Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

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

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

Loading case…

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