ISCR Case 14-02332.h1

Case Headnote

ISCR Case No. 14-02332.h1

grantedJun 17, 2015· Hon. David M. White· hearing

Summary

A 34-year-old defense contractor was granted a security clearance despite initial concerns under Guideline F (Financial Considerations) and Guideline G (Alcohol Consumption). The Statement of Reasons cited a history of alcohol-related incidents, including a September 2012 DUI arrest, an alcohol-related incident in Korea in 2003, and two minor underage drinking incidents in 1996 and 1998. Additionally, the applicant had consumed alcohol in excess on a few occasions over 20 years. Financial concerns included a delinquent mortgage issue stemming from an ex-wife’s financial misconduct and divorce proceedings, and a $406 debt from a disputed doctor’s office billing for a cancelled appointment.

The applicant successfully mitigated these concerns. All delinquent debts were resolved, demonstrating financial responsibility. Regarding alcohol consumption, the applicant had not been diagnosed with alcohol abuse or dependence, had only consumed alcohol in moderation since the incidents, and had no current alcohol problems or recent incidents of security concern.

Compelling evidence of good character and reliability, including testimonials from colleagues and supervisors, was presented. The decision to grant the clearance was based on the resolution of all debts, the absence of current alcohol problems, and strong evidence of the applicant's reliability.

Why the Applicant Prevailed

All delinquent debts were resolved, demonstrating financial responsibility.
The applicant has no current alcohol problems and has not had recent incidents of security concern.
Compelling evidence of good character and reliability was presented, including testimonials from colleagues and supervisors.

Conditions Referenced

Disqualifying

G.19(a)raisedInability or Unwillingness to Satisfy Debts
G.19(c)raisedA History of Not Meeting Financial Obligations
G.22(a)raisedAlcohol-related Incidents Away From Work
G.22(c)raisedHabitual or Binge Consumption of Alcohol

Mitigating

G.23(a)appliedTime Has Passed or Behavior Was Infrequent
G.23(b)appliedAcknowledgment of Alcohol Issues and Responsible Use
F.20(a)appliedBehavior Happened Long Ago or Under Unlikely Circumstances
F.20(b)appliedConditions Beyond Control Caused Financial Problems
F.20(d)appliedGood-faith Effort to Repay Debts

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedSep 3, 2014
Answer filedSep 30, 2014
Hearing heldMar 17, 2015
Decision dateJun 17, 2015

Cite For

Mitigation of Alcohol-related Incidents Under Guideline G
Resolution of Financial Issues Under Guideline F
Whole-person Assessment in Security Clearance Decisions

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
2.a	Delinquent mortgage issue related to ex-wife’s financial misconduct and divorce proceedings.	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Documented Other
2.b	$406 debt arose from a disputed billing by a doctor’s office for an appointment that had to be cancelled. $406	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

Delinquent mortgage issue related to ex-wife’s financial misconduct and divorce proceedings.

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

(b) conditions largely beyond the person’s control; acted responsibly

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

Documented

Other

2.b

$406 debt arose from a disputed billing by a doctor’s office for an appointment that had to be cancelled.

$406

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

(b) conditions largely beyond the person’s control; acted responsibly

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

Claimed

Debt Paid in Full

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a history of alcohol-related incidents, including a DUI arrest in September 2012.	For Applicant	DUI or DWI Alcohol	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur	—
1.b	The applicant has consumed alcohol in excess on a few occasions over the past 20 years.	For Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.c	The applicant was involved in an alcohol-related incident while stationed in Korea in 2003.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.d	The applicant had two minor incidents involving underage drinking in 1996 and 1998.	For Applicant	Underage Drinking	Admitted	—	—	—
1.e	The applicant has not been diagnosed with alcohol abuse or dependence and has only consumed alcohol in moderation since the incidents.	For Applicant	Alcohol Use Disorder Diagnosed	Denied	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of alcohol-related incidents, including a DUI arrest in September 2012.

For Applicant

DUI or DWI Alcohol

Admitted

—

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

—

1.b

The applicant has consumed alcohol in excess on a few occasions over the past 20 years.

For Applicant

Binge or Intoxication Pattern

Admitted

—

1.c

The applicant was involved in an alcohol-related incident while stationed in Korea in 2003.

For Applicant

Unspecified Alcohol Incident

Admitted

—

1.d

The applicant had two minor incidents involving underage drinking in 1996 and 1998.

For Applicant

Underage Drinking

Admitted

—

1.e

The applicant has not been diagnosed with alcohol abuse or dependence and has only consumed alcohol in moderation since the incidents.

For Applicant

Alcohol Use Disorder Diagnosed

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