ISCR Case 12-05812.h1

Case Headnote

ISCR Case No. 12-05812.h1

grantedSep 11, 2015· Hon. LeRoy F. Foreman· hearing

Summary

A 58-year-old federal contractor employee was granted a security clearance despite concerns under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The Statement of Reasons detailed a Chapter 13 bankruptcy petition filed in April 2011, an ongoing mortgage foreclosure, and multiple diagnoses of alcoholism or alcohol dependence between July 2010 and January 2012.

Further allegations included a November 2012 DUI charge and April 2013 conviction, continued alcohol consumption after diagnosis, and prior DUI arrests in October 1989 and January 1990. The 1989 charge resulted in probation before judgment, which was successfully completed, while the 1990 charge led to a conviction and fine.

The applicant successfully mitigated the financial and alcohol-related concerns. He completed both outpatient and inpatient alcohol treatment programs, has maintained abstinence from alcohol since November 2012, and actively participates in Alcoholics Anonymous. His financial issues are being resolved through the Chapter 13 bankruptcy plan, demonstrating responsible financial behavior. The judge granted eligibility for access to classified information based on the applicant's demonstrated rehabilitation and responsible actions, while allegations of ongoing criminal conduct were refuted.

Why the Applicant Prevailed

The applicant successfully completed outpatient and inpatient alcohol treatment programs.
He has maintained abstinence from alcohol since November 2012 and actively participates in Alcoholics Anonymous.
The applicant is resolving his financial issues through a Chapter 13 bankruptcy plan and has shown responsible financial behavior.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
AG ¶ 22(d)appliedDiagnosis of Alcohol Abuse or Dependence
AG ¶ 22(f)appliedRelapse After Diagnosis of Alcohol Abuse or Dependence

Mitigating

AG ¶ 20(c)appliedReceived Counseling for the Problem
AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
AG ¶ 23(a)appliedTime Has Passed Since the Conduct
AG ¶ 23(b)appliedAcknowledgment of Alcoholism and Actions Taken to Overcome It
AG ¶ 23(d)appliedSuccessful Completion of Counseling and Established Pattern of Abstinence

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”

Procedural Posture

SOR issuedNov 6, 2014
Answer filedDec 2, 2014
Hearing heldAug 11, 2015
Decision dateSep 11, 2015

Cite For

Mitigation of Financial Issues Under Guideline F
Successful Rehabilitation From Alcohol Dependence Under Guideline G
Refutation of Criminal Conduct Allegations Under Guideline J

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
1.a	Applicant filed a Chapter 13 bankruptcy petition in April 2011, which is ongoing	For Applicant	Bankruptcy Filing	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full Documented Payment Plan with Creditor
1.b	Applicant is past due on a mortgage loan in foreclosure	For Applicant	Mortgage or Home Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full Documented Payment Plan with Creditor

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant filed a Chapter 13 bankruptcy petition in April 2011, which is ongoing

For Applicant

Bankruptcy Filing

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(c) received/receiving counseling; problem being resolved

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

Documented

Debt Paid in Full

Documented

Payment Plan with Creditor

1.b

Applicant is past due on a mortgage loan in foreclosure

For Applicant

Mortgage or Home Loan Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(c) received/receiving counseling; problem being resolved

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

Documented

Debt Paid in Full

Documented

Payment Plan with Creditor

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The applicant was diagnosed as an alcoholic in January 2012.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
2.b	The applicant was diagnosed as an alcoholic in June 2011.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
2.c	The applicant was diagnosed as alcohol dependent in July 2010.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
2.d	The applicant was charged with DUI in November 2012 and convicted in April 2013.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
2.e	The applicant continued to consume alcohol after a diagnosis of alcohol dependence or alcoholism.	For Applicant	Continued Use After Treatment	Admitted	(f) alcohol consumption after a diagnosis, contrary to treatment	—	—
2.f	The applicant was arrested for DUI in January 1990.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
2.g	The applicant was arrested for DUI in October 1989.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant was diagnosed as an alcoholic in January 2012.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

2.b

The applicant was diagnosed as an alcoholic in June 2011.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

2.c

The applicant was diagnosed as alcohol dependent in July 2010.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

2.d

The applicant was charged with DUI in November 2012 and convicted in April 2013.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

2.e

The applicant continued to consume alcohol after a diagnosis of alcohol dependence or alcoholism.

For Applicant

Continued Use After Treatment

Admitted

(f) alcohol consumption after a diagnosis, contrary to treatment

—

2.f

The applicant was arrested for DUI in January 1990.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

2.g

The applicant was arrested for DUI in October 1989.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	In October 1989, Applicant was charged with driving while intoxicated (DWI). He received probation before judgment, which he successfully completed. (GX 1 at 29-30.)	For Applicant	DUI or DWI Criminal	Conduct No Charge	Denied	—	—	—
3.a	In January 1990, he was charged with another DWI, convicted, and fined. (GX 1 at 30.)	For Applicant	DUI or DWI Criminal	Convicted	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

In October 1989, Applicant was charged with driving while intoxicated (DWI). He received probation before judgment, which he successfully completed. (GX 1 at 29-30.)

For Applicant

DUI or DWI Criminal

Conduct No Charge

Denied

—

3.a

In January 1990, he was charged with another DWI, convicted, and fined. (GX 1 at 30.)

For Applicant

DUI or DWI Criminal

Convicted

Denied

—

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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