ISCR Case 11-10490.h1

Case Headnote

ISCR Case No. 11-10490.h1

grantedAug 23, 2013· Hon. Wilford H. Ross· hearing

Summary

A 69-year-old defense contractor, holding a bachelor's degree from a U.S. military academy, was granted a security clearance despite concerns under Guidelines F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The Statement of Reasons cited several alcohol-related incidents, including four DUI arrests between 1975 and 1990, and another DUI arrest in 2009. He received alcohol treatment in 1986 and 1990. Additionally, the applicant failed to file state and federal tax returns for several years, resulting in three tax liens.

The judge found that the applicant had demonstrated significant rehabilitation and stability. Regarding alcohol use, he successfully completed a DUI program and has substantially reduced his consumption since 2009. Financially, his situation stabilized after he filed overdue tax returns and resolved the outstanding tax liens.

Ultimately, the applicant demonstrated a long history of responsible behavior and a commitment to maintaining his security clearance. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant successfully completed a DUI program and has significantly reduced his alcohol consumption since 2009.
The applicant's financial situation stabilized after filing overdue tax returns and resolving tax liens.
The applicant demonstrated a long history of responsible behavior and a commitment to maintaining his security clearance.

Conditions Referenced

Disqualifying

G ¶ 22(a)raisedAlcohol-related Incidents Away From Work
G ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
J ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
J ¶ 31(d)raisedIndividual Is Currently on Parole or Probation
F ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
F ¶ 19(c)raisedA History of Not Meeting Financial Obligations

Mitigating

G ¶ 23(a)appliedTime Has Passed or Behavior Was Infrequent
G ¶ 23(b)appliedAcknowledgment of Alcohol Issues and Evidence of Actions Taken
J ¶ 32(a)appliedTime Has Elapsed Since the Criminal Behavior
F ¶ 20(a)appliedBehavior Happened Long Ago or Infrequently
F ¶ 20(d)appliedGood-faith Effort to Repay Creditors or Resolve Debts

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedAug 6, 2012
Answer filedSep 18, 2012
Hearing heldJul 18, 2013
Decision dateAug 23, 2013

Cite For

Mitigation of Alcohol-related Incidents Under Guideline G
Resolution of Financial Issues Under Guideline F
Consideration of Long-term Behavioral Changes in Security Clearance Evaluations

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

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant did not file state or Federal tax returns for several years. As a result of his failure to file the tax returns, the state and Federal tax authorities filed three tax liens against Applicant.	For Applicant	Tax Filing Failure	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full Claimed Other
3.b–3.c	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant did not file state or Federal tax returns for several years. As a result of his failure to file the tax returns, the state and Federal tax authorities filed three tax liens against Applicant.

For Applicant

Tax Filing Failure

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

Claimed

Other

3.b–3.c

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

For Applicant

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The Government alleges in this paragraph that Applicant is ineligible for a clearance because he used intoxicants to excess.	For Applicant	DUI or DWI Alcohol	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence	—
1.b	Applicant was involved in several alcohol-related incidents, which included four arrests for driving under the influence of alcohol in 1975, 1988, 1989, and 1990.	For 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	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence	—
1.c	Applicant received treatment in 1986 and 1990 as a result of his alcohol use.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.d	Applicant was arrested on July 3, 2009, and charged with Driving Under the Influence of Alcohol (DUI), and Driving With a Blood Alcohol Content of .08% of Above.	For 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	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The Government alleges in this paragraph that Applicant is ineligible for a clearance because he used intoxicants to excess.

For Applicant

DUI or DWI Alcohol

Admitted

—

(a) so much time has passed / so infrequent that it is unlikely to recur

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

—

1.b

Applicant was involved in several alcohol-related incidents, which included four arrests for driving under the influence of alcohol in 1975, 1988, 1989, and 1990.

For 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

(a) so much time has passed / so infrequent that it is unlikely to recur

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

—

1.c

Applicant received treatment in 1986 and 1990 as a result of his alcohol use.

For Applicant

Treatment Non Compliance

Admitted

—

1.d

Applicant was arrested on July 3, 2009, and charged with Driving Under the Influence of Alcohol (DUI), and Driving With a Blood Alcohol Content of .08% of Above.

For 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

(a) so much time has passed / so infrequent that it is unlikely to recur

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The Government alleges in this paragraph that Applicant is ineligible for a clearance because his conduct under Paragraph 1, above, shows criminal conduct, which creates doubt about a person’s judgment, reliability, and trustworthiness. Accordingly, Applicant’s history of alcohol-related criminal incidents is cognizable under this guideline, as well as Guideline G.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (d) violation of parole/probation or failure to complete a court program	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

The Government alleges in this paragraph that Applicant is ineligible for a clearance because his conduct under Paragraph 1, above, shows criminal conduct, which creates doubt about a person’s judgment, reliability, and trustworthiness. Accordingly, Applicant’s history of alcohol-related criminal incidents is cognizable under this guideline, as well as Guideline G.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

—

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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