ISCR Case 11-13781.h1

Case Headnote

ISCR Case No. 11-13781.h1

deniedJul 1, 2011· Hon. Juan J. Rivera· hearing

Summary

A 44-year-old test engineer's security clearance was denied due to concerns under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant had a long history of alcohol abuse, including five alcohol-related incidents: an assault in 1993, DWAI convictions in 1994 and 1995, a DWI in 2000, and a felony DWI in 2010. He was diagnosed with alcohol dependence in 2010 with a guarded prognosis.

Despite these issues, the applicant demonstrated some efforts toward rehabilitation. He reported sobriety since 2010, attended Alcoholics Anonymous at least twice a week following his 2010 felony conviction, and made lifestyle changes to avoid alcohol. However, the decision noted a lack of a recent diagnosis or evidence of successful rehabilitation.

Additionally, the applicant faced ongoing financial problems. He had not contacted creditors, made payments, or disputed several alleged debts. The denial concluded that the applicant's long history of alcohol-related incidents, coupled with his ongoing and uncontrolled financial issues, warranted the denial of his security clearance.

Why the Applicant Was Denied

The applicant has a long history of alcohol abuse, including five alcohol-related incidents and a felony DWI conviction in 2010.
He was diagnosed as alcohol dependent with a guarded prognosis and failed to provide a recent diagnosis or evidence of successful rehabilitation.
The applicant's financial problems are ongoing, and he is not in control of his financial situation.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 22(d)raisedDiagnosis of Alcohol Dependence
AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations

Mitigating

AG ¶ 20(b)appliedConditions Beyond the Person's ControlThe applicant's financial problems were partly due to his alcohol dependency and medical bills for his daughter.
AG ¶ 23(b)appliedAcknowledgment of Alcoholism and Actions TakenThe applicant acknowledged his alcohol problem and has been attending AA since 2010.
AG ¶ 23(c)appliedParticipation in a Counseling or Treatment ProgramThe applicant is participating in Alcoholics Anonymous.

Key Rule Quoted

“The Government has a compelling interest in ensuring each applicant possesses the requisite judgment, reliability, and trustworthiness of those who must protect national interest as their own.”
— Egan, 484 U.S. at 531

Procedural Posture

SOR issuedDec 14, 2012
Answer filedJan 19, 2013Requested decision without a hearing.
Hearing heldMay 6, 2013Conducted via video teleconference.
Decision dateNot specified

Cite For

Denial Based on Long History of Alcohol Abuse and Criminal Conduct
Impact of Financial Issues on Security Clearance Eligibility
Importance of Demonstrating Rehabilitation and Control Over Personal Circumstances

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.c	Applicant has not contacted the creditors, he made no payments, and did not dispute any of the debts alleged in SOR ¶¶ 3.a, 3.b, 3.f, 3.g, and 3.i.	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
3.d	Applicant has not contacted the creditors, he made no payments, and did not dispute any of the debts alleged in SOR ¶¶ 3.a, 3.b, 3.f, 3.g, and 3.i.	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
3.e	Applicant has not contacted the creditors, he made no payments, and did not dispute any of the debts alleged in SOR ¶¶ 3.a, 3.b, 3.f, 3.g, and 3.i.	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.c

Applicant has not contacted the creditors, he made no payments, and did not dispute any of the debts alleged in SOR ¶¶ 3.a, 3.b, 3.f, 3.g, and 3.i.

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

3.d

Applicant has not contacted the creditors, he made no payments, and did not dispute any of the debts alleged in SOR ¶¶ 3.a, 3.b, 3.f, 3.g, and 3.i.

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

3.e

Applicant has not contacted the creditors, he made no payments, and did not dispute any of the debts alleged in SOR ¶¶ 3.a, 3.b, 3.f, 3.g, and 3.i.

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a long history of alcohol abuse, highlighted by five alcohol-related incidents (one assault and four driving while intoxicated (DWI)).	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 (d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.b	The applicant was diagnosed with alcohol dependence in 2010.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.c	The applicant's prognosis was considered guarded.	Against Applicant	Unspecified Alcohol Incident	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.d	The applicant has been involved in five alcohol-related offenses - assault in 1993, DWAIs in 1994 and 1995, DWI in 2000, and a felony DWI in 2010.	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 (d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.e	The applicant has a long history of abusing alcohol and exercising poor judgment.	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.f	The applicant has not consumed any alcoholic beverages since 2010.	Against Applicant	Continued Use After Treatment	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.g	The applicant has been attending Alcoholic Anonymous (AA) at least twice a week since his 2010 DWI felony conviction.	Against Applicant	Treatment Non Compliance	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.h	The applicant has made lifestyle changes to remain sober and avoids places and activities where alcohol is being served.	Against Applicant	Unspecified Alcohol Incident	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a long history of alcohol abuse, highlighted by five alcohol-related incidents (one assault and four driving while intoxicated (DWI)).

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

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

—

1.b

The applicant was diagnosed with alcohol dependence in 2010.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

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

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

—

1.c

The applicant's prognosis was considered guarded.

Against Applicant

Unspecified Alcohol Incident

Admitted

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

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

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

—

1.d

The applicant has been involved in five alcohol-related offenses - assault in 1993, DWAIs in 1994 and 1995, DWI in 2000, and a felony DWI in 2010.

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

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

—

1.e

The applicant has a long history of abusing alcohol and exercising poor judgment.

Against Applicant

Binge or Intoxication Pattern

Admitted

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

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

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

—

1.f

The applicant has not consumed any alcoholic beverages since 2010.

Against Applicant

Continued Use After Treatment

Denied

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

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

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

—

1.g

The applicant has been attending Alcoholic Anonymous (AA) at least twice a week since his 2010 DWI felony conviction.

Against Applicant

Treatment Non Compliance

Denied

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

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

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

—

1.h

The applicant has made lifestyle changes to remain sober and avoids places and activities where alcohol is being served.

Against Applicant

Unspecified Alcohol Incident

Denied

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

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

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a–2.h	8 sub-charges — specific text not stated in this decision (5 against, 3 for the applicant).	Mixed		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a–2.h

8 sub-charges — specific text not stated in this decision (5 against, 3 for the applicant).

Mixed

—

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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