ISCR Case 12-04843.h1

Case Headnote

ISCR Case No. 12-04843.h1

deniedJun 12, 2014· Hon. Francisco Mendez· hearing

Summary

A defense contractor in his early forties was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The applicant had a history of excessive alcohol use, including two DUI convictions in 2008 and 2011, both involving motor vehicle accidents. He was also arrested for domestic assault in September 2011 after a physical altercation with his brother; this charge was dismissed in April 2012 following a six-month probation.

Further concerns arose from the applicant's failure to disclose his 2011 DUI and domestic assault arrests, as well as delinquent debts, on his security clearance application. While some personal conduct concerns were mitigated, the applicant's ongoing alcohol consumption, in violation of a court-mandated treatment program and while on probation, was a significant factor.

Ultimately, the applicant's history of excessive alcohol use, two serious DUI convictions, and continued alcohol consumption in violation of court orders raised doubts about his judgment and reliability, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has a history of excessive alcohol use, including two serious DUI convictions involving motor vehicle accidents.
He is currently on probation and continues to consume alcohol in violation of his court-mandated treatment program.
The applicant's alcohol-related criminal conduct raises doubts about his judgment and reliability.

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, Evaluation, Treatment, or Abstinence
AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
AG ¶ 31(d)raisedIndividual Is Currently on Parole or Probation
AG ¶ 31(e)raisedViolation of Parole or Probation, or Failure to Complete a Court-mandated Rehabilitation Program

Mitigating

AG ¶ 32(a)rejectedSo Much Time Has Elapsed Since the Criminal Behavior HappenedThe applicant's ongoing alcohol issues prevent the application of this condition.
AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant has not addressed his underlying alcohol issues.

Key Rule Quoted

“"[N]o one has a ‘right’ to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedFeb 28, 2014
Answer filedMar 27, 2014
Hearing heldMay 13, 2014
Decision dateJun 12, 2014

Cite For

Excessive Alcohol Consumption Leading to Security Concerns Under Guideline G
Criminal Conduct Raising Doubts About Judgment and Reliability Under Guideline J
Personal Conduct Issues Related to Honesty and Candor During the Security Clearance Process Under Guideline E

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a–3.e	5 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a–3.e

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

For Applicant

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Driving under the influence (DUI) in 2008 and 2011	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 (g) failure to follow a court order regarding alcohol	—	—
1.b	Habitual or binge consumption of alcohol to the point of impaired 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	—	—
1.c	Failure to follow court-mandated treatment program	Against Applicant	Treatment Non Compliance	Admitted	(g) failure to follow a court order regarding alcohol	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Driving under the influence (DUI) in 2008 and 2011

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

(g) failure to follow a court order regarding alcohol

—

1.b

Habitual or binge consumption of alcohol to the point of impaired 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

—

1.c

Failure to follow court-mandated treatment program

Against Applicant

Treatment Non Compliance

Admitted

(g) failure to follow a court order regarding alcohol

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant’s alcohol-related criminal conduct and recent domestic assault arrest raise this concern.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
2.b	In September 2011, Applicant was arrested for domestic assault. He was involved in a verbal and physical altercation with his brother. Applicant agreed to a pretrial agreement, whereby he was placed on probation for six months and the charge would then be dismissed. In about April 2012, the domestic assault charge was dismissed.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Denied	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
2.c	Applicant did not disclose his DUI or domestic assault arrests from 2011. Applicant also did not disclose the delinquent debts he had at the time.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant’s alcohol-related criminal conduct and recent domestic assault arrest raise this concern.

Against Applicant

DUI or DWI Criminal

Convicted

Denied

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

(c) currently on parole or probation

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

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

2.b

In September 2011, Applicant was arrested for domestic assault. He was involved in a verbal and physical altercation with his brother. Applicant agreed to a pretrial agreement, whereby he was placed on probation for six months and the charge would then be dismissed. In about April 2012, the domestic assault charge was dismissed.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Denied

—

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

—

2.c

Applicant did not disclose his DUI or domestic assault arrests from 2011. Applicant also did not disclose the delinquent debts he had at the time.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

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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