ISCR Case 14-04614.h1

Case Headnote

ISCR Case No. 14-04614.h1

grantedJan 20, 2016· Hon. Martin H. Mogul· hearing

Summary

A 59-year-old defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons detailed a history of alcohol-related incidents, including a 2002 arrest for DUI and fighting in public, resulting in probation and a fine. In 2003, he attended an alcohol treatment program but left against medical advice, receiving a diagnosis of Alcohol Dependence. A 2008 arrest for public intoxication and resisting an officer led to a no-contest plea for disturbing the peace, probation, and another fine. He continued to consume alcohol, at times to intoxication, until January 2013, and attended another treatment program in early 2013, where he was again diagnosed with Alcohol Dependence.

Additionally, the applicant admitted to using marijuana from 1970 to at least 1991 and cocaine on multiple occasions from 1978 to 1989, including after receiving a DoD security clearance in 1984. These actions raised concerns under Guideline E.

However, the judge found that the applicant had demonstrated significant rehabilitation. He has abstained from alcohol since January 2013, actively participates in Alcoholics Anonymous, and provided credible testimony about his commitment to sobriety. These positive lifestyle changes and ongoing participation in support groups were key mitigating factors, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant has abstained from alcohol since January 2013, demonstrating a commitment to sobriety.
The applicant provided credible testimony regarding his intentions to avoid alcohol in the future.
The applicant's positive lifestyle changes and ongoing participation in support groups were significant factors in the decision.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedExcessive Alcohol Consumption
AG ¶ 22(c)raisedCriminal Conduct
AG ¶ 22(e)raisedRelapses After Diagnosis
AG ¶ 22(f)raisedMultiple Alcohol-related Incidents
AG ¶ 16rejectedQuestionable JudgmentThe judge did not find this controlling due to the applicant's rehabilitation efforts.

Mitigating

AG ¶ 23(a)appliedAbstinence From Alcohol
AG ¶ 23(b)appliedRehabilitation Efforts
AG ¶ 23(d)appliedPositive Changes in Lifestyle
AG ¶ 17(c)appliedTime Elapsed Since Conduct
AG ¶ 17(d)appliedAcknowledgment and Counseling

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedNov 6, 2014
Answer filedJan 8, 2015
Hearing heldMay 21, 2015
Decision dateJan 20, 2016

Cite For

Mitigation of Alcohol-related Incidents Under Guideline G
Rebuttable Presumption of Rehabilitation Under Guideline E
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	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant’s conduct as set forth in paragraph 1., above, is a concern under Guideline E.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Unknown	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken	—
2.b	Applicant used marijuana from 1970 to at least 1991, including after having been granted a DoD security clearance in 1984.	For Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken	—
2.c	Applicant used cocaine on multiple occasions from 1978 to 1989, including after having been granted a DoD security clearance in 1984.	For Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant’s conduct as set forth in paragraph 1., above, is a concern under Guideline E.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Unknown

(a) deliberate omission, concealment, or falsification on a security form

(c) credible adverse information across areas supporting a whole-person concern

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

—

2.b

Applicant used marijuana from 1970 to at least 1991, including after having been granted a DoD security clearance in 1984.

For Applicant

Questionable Judgment General

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(c) credible adverse information across areas supporting a whole-person concern

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

—

2.c

Applicant used cocaine on multiple occasions from 1978 to 1989, including after having been granted a DoD security clearance in 1984.

For Applicant

Questionable Judgment General

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(c) credible adverse information across areas supporting a whole-person concern

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	It is alleged in the SOR that on or about April 2002, Applicant was arrested and charged with (1) Driving Under the Influence (DUI), and (2) Fight in a Public Place, misdemeanors. Applicant pled guilty to (1) Driving with Blood Alcohol Content Level of 0.08% or Higher, and (2) Fight in a Public Place, both misdemeanors. He was placed on probation for three years and fined approximately $1,080.	For 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	—	—
1.b	It is alleged in the SOR that from August 2003 to October 2003, Applicant attended an alcohol treatment program. He left the program against medical advice and prior to completion. Applicant was diagnosed with Alcohol Dependence by the staff at the facility.	For 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	—	—
1.c	It is alleged in the SOR that in May 2008, Applicant was arrested and charged with (1) Public Intoxication, and (2) Resisting an Officer. In May 2009, Applicant pled No Contest to Disturbing the Peace, and he was placed on probation for two years and fined approximately $525.	For Applicant	Public Intoxication	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.d	It is alleged in the SOR that after Applicant was diagnosed with Alcohol Dependence in February 2003, he continued to consume alcohol, at times to the point of intoxication, until at least January 2013.	For Applicant	Continued Use After Treatment	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.e	It is alleged in the SOR that from January 2013 to April 2013, Applicant attended an alcohol treatment program where he was diagnosed with Alcohol Dependence. Applicant admitted this allegation.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

It is alleged in the SOR that on or about April 2002, Applicant was arrested and charged with (1) Driving Under the Influence (DUI), and (2) Fight in a Public Place, misdemeanors. Applicant pled guilty to (1) Driving with Blood Alcohol Content Level of 0.08% or Higher, and (2) Fight in a Public Place, both misdemeanors. He was placed on probation for three years and fined approximately $1,080.

For 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

—

1.b

It is alleged in the SOR that from August 2003 to October 2003, Applicant attended an alcohol treatment program. He left the program against medical advice and prior to completion. Applicant was diagnosed with Alcohol Dependence by the staff at the facility.

For 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

—

1.c

It is alleged in the SOR that in May 2008, Applicant was arrested and charged with (1) Public Intoxication, and (2) Resisting an Officer. In May 2009, Applicant pled No Contest to Disturbing the Peace, and he was placed on probation for two years and fined approximately $525.

For Applicant

Public Intoxication

Admitted

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

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

—

1.d

It is alleged in the SOR that after Applicant was diagnosed with Alcohol Dependence in February 2003, he continued to consume alcohol, at times to the point of intoxication, until at least January 2013.

For Applicant

Continued Use After Treatment

Admitted

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

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

—

1.e

It is alleged in the SOR that from January 2013 to April 2013, Applicant attended an alcohol treatment program where he was diagnosed with Alcohol Dependence. Applicant admitted this allegation.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

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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