ISCR Case 11-10999.h1

Case Headnote

ISCR Case No. 11-10999.h1

grantedJun 19, 2013· Hon. Wilford H. Ross· hearing

Summary

A 27-year-old defense contractor was granted a security clearance despite concerns under Guideline G (Alcohol Consumption). The applicant admitted to two alcohol-related incidents: a May 2009 arrest and charge for Driving While Intoxicated, which resulted in a fine, a one-year license restriction, and completion of a 20-hour alcohol and driving course; and a July 2010 charge by the U.S. Coast Guard for Operating a Vessel While Under the Influence, for which he was fined $500. During the Coast Guard incident, he admitted to consuming approximately 10 beers over a day and had a breathalyzer result of .092.

The applicant also admitted to occasionally drinking to the point of intoxication, stating this occurred "once every few months," with the last instance in September 2012. However, he emphasized that he rarely drinks during his six-day work week and expressed a strong understanding of the responsibilities associated with holding a security clearance, stating he would not repeat past mistakes.

The judge found that the applicant had mitigated the security concerns. This decision was based on the significant period of responsible behavior since his last alcohol-related incident in July 2010, his acknowledgment of the seriousness of his past conduct, and his expressed commitment to responsible behavior. The applicant's admissions and the absence of recent incidents supported the finding of mitigation, leading to the clearance being granted.

Why the Applicant Prevailed

The applicant demonstrated a significant period of responsible behavior since his last alcohol-related incident in July 2010.
He acknowledged the seriousness of his past conduct and expressed a commitment to responsible behavior moving forward.
The applicant's admissions and lack of recent incidents supported a finding of mitigation.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work

Mitigating

AG ¶ 23(a)appliedBehavior Was Infrequent or Occurred Under Unusual Circumstances

Key Rule Quoted

“Excessive alcohol consumption often leads to the exercise of questionable judgment or the failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.”

Procedural Posture

SOR issuedDec 13, 2012
Answer filedJan 3, 2013Requested decision without a hearing
Hearing held—Pro se decision without hearing
Decision dateJun 19, 2013

Cite For

Mitigation of Alcohol-related Incidents Under Guideline G
Consideration of Time Elapsed Since Last Incident in Security Clearance Decisions
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	Applicant admits that he occasionally drinks alcohol to excess, and to the point of intoxication. He states that this may happen “once every few months.” He also stated this last occurred in September 2012. (Item 6 at 15.) He states in his Answer that he works six days a week and rarely drinks during the work week. (Item 4 at 3.)	For Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(a) so much time has passed / so infrequent that it is unlikely to recur	—
1.b	Applicant admits that he was charged by the US Coast Guard with Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug. He was fined $500 for this offense, which occurred on July 4, 2010. Applicant was out with two friends on his boat. Over most of a day he admits drinking about 10 beers. He stopped drinking about three hours before driving his boat. At this point he was stopped by the Coast Guard, admitted that he had been drinking, failed field sobriety tests, and had a breathalyzer result of .092. The Coast Guard reported, “The captain [Applicant] was extremely cooperative and cordial to the boarding team; he acknowledged all violations and recommendations from the boarding officer.” (Item 5 at 19-34.)	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(a) so much time has passed / so infrequent that it is unlikely to recur	—
1.c	Applicant admits being arrested and charged with Driving While Intoxicated in May 2009. This occurred after he had been attending a rehearsal dinner before a wedding. He received a fine and his driver’s license was restricted for one year. He also successfully attended a 20 hour ASAP alcohol and driving course. (Item 5 at 37.) Applicant states in the Interrogatory, “I feel the alcohol related incidents miss represent my character. I will not make those same mistakes again. I am a [sic] very hardworking, driven, loyal, and goal oriented.” (Item 6 at 36.) He further states in his Answer, “I completely understand how big of an issue it is to receive this security clearance.” (Item 4 at 3.)	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(a) so much time has passed / so infrequent that it is unlikely to recur	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant admits that he occasionally drinks alcohol to excess, and to the point of intoxication. He states that this may happen “once every few months.” He also stated this last occurred in September 2012. (Item 6 at 15.) He states in his Answer that he works six days a week and rarely drinks during the work week. (Item 4 at 3.)

For Applicant

Binge or Intoxication Pattern

Admitted

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

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

—

1.b

Applicant admits that he was charged by the US Coast Guard with Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug. He was fined $500 for this offense, which occurred on July 4, 2010. Applicant was out with two friends on his boat. Over most of a day he admits drinking about 10 beers. He stopped drinking about three hours before driving his boat. At this point he was stopped by the Coast Guard, admitted that he had been drinking, failed field sobriety tests, and had a breathalyzer result of .092. The Coast Guard reported, “The captain [Applicant] was extremely cooperative and cordial to the boarding team; he acknowledged all violations and recommendations from the boarding officer.” (Item 5 at 19-34.)

For Applicant

DUI or DWI Alcohol

Admitted

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

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

—

1.c

Applicant admits being arrested and charged with Driving While Intoxicated in May 2009. This occurred after he had been attending a rehearsal dinner before a wedding. He received a fine and his driver’s license was restricted for one year. He also successfully attended a 20 hour ASAP alcohol and driving course. (Item 5 at 37.) Applicant states in the Interrogatory, “I feel the alcohol related incidents miss represent my character. I will not make those same mistakes again. I am a [sic] very hardworking, driven, loyal, and goal oriented.” (Item 6 at 36.) He further states in his Answer, “I completely understand how big of an issue it is to receive this security clearance.” (Item 4 at 3.)

For Applicant

DUI or DWI Alcohol

Admitted

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

(a) so much time has passed / so infrequent 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