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ISCR Case 01-09838.h1 — CASE

Case record

ISCR Case 01-09838.h1

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date4/29/2003
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Burt Smith
Applicant's Counsel: Philip Esteban
Case Summary
The judge found that the applicant's past conduct, including a serious incident involving a knife, was mitigated by her long-term sobriety from drugs and her stable lifestyle with her husband. The applicant demonstrated significant rehabilitation and a commitment to responsible behavior, leading to a favorable decision regarding her security clearance.
Guidelines Evaluated
- Guideline DSexual Behavior · Unknown Outcome
- Guideline EPersonal Conduct · Unknown Outcome
- Guideline FFinancial Considerations · Unknown Outcome
- Guideline GAlcohol Consumption · Unknown Outcome
- Guideline HDrug Involvement & Substance Misuse · Unknown Outcome
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 01-09838.h1

grantedApr 29, 2003· Hon. Burt Smith· hearing

Summary

A 37-year-old document control specialist was granted a security clearance despite past issues related to sexual behavior, personal conduct, financial considerations, alcohol consumption, and drug involvement. Allegations included a 1995 DUI conviction, a history of alcohol abuse, and consuming alcohol to intoxication weekly with her fiancé, who was also a drug user. Additionally, the applicant used marijuana and crack cocaine in her youth and was arrested for malicious wounding in 2000 following a domestic dispute where she cut her fiancé.

Disqualifying conditions were raised concerning personal conduct, specifically E2.A5.1.4 and E2.A5.1.6. However, mitigating conditions E2.A5.2.5 and E2.A5.2.7 were applied. The judge ultimately granted the clearance, citing the applicant's sixteen years of sobriety from illegal drugs and her and her husband's demonstrated stable, drug-free lifestyle for three years.

The decision emphasized the applicant's rehabilitation and positive lifestyle changes. Her credible testimony and character references further supported her trustworthiness, leading to the favorable outcome.

Why the Applicant Prevailed

The applicant has maintained sixteen years of sobriety from illegal drugs.
The applicant and her husband have demonstrated a stable, drug-free lifestyle for three years.
The applicant's credible testimony and character references supported her trustworthiness.

Conditions Referenced

Disqualifying

E2.A5.1.4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress.
E2.A5.1.6raisedAssociation with Persons Involved in Criminal Activity.

Mitigating

E2.A5.2.5appliedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress.
E2.A5.2.7appliedAssociation with Persons Involved in Criminal Activities Has Ceased.

Key Rule Quoted

“Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security.”

Procedural Posture

SOR issuedAug 22, 2002
Answer filedSep 25, 2002
Hearing heldDec 30, 2002
Decision dateApr 29, 2003

Cite For

Reformed Drug User with a Long Period of Sobriety Under Guideline D
Stable Lifestyle and Rehabilitation Under Guideline E
Isolated Incident of Past Misconduct 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.

Standardized Decision Profile

SEAD-4 Guideline D (Sexual Behavior) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant's past conduct, including a serious incident involving a knife, was mitigated by her long-term sobriety from drugs and her stable lifestyle with her husband. The applicant demonstrated significant rehabilitation and a commitment to responsible behavior, leading to a favorable decision regarding her security clearance.

¶	Allegation	Finding	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
1.a–1.d	4 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Descriptive standardized rendering of a decided public case (Guideline D). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline E (Personal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found in favor of the applicant on all allegations under Guideline E, concluding that the applicant's past conduct was mitigated by her long-term sobriety and stable lifestyle. The applicant demonstrated significant rehabilitation and a commitment to responsible behavior, leading to the granting of her security clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a–1.d	4 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Descriptive standardized rendering of a decided public case (Guideline E). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline F · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant had no financial issues that raised security concerns under Guideline F. All allegations related to financial considerations were resolved in favor of the applicant, leading to the granting of the security clearance.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a–1.d	4 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Descriptive standardized rendering of a decided public case (Guideline F). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline G (Alcohol Consumption) · descriptive summary of a decided case

Posture: Decision on RecordDecided: grantedTREATMENT COMPLETED · FAVORABLE

The judge found that the applicant had a history of alcohol-related issues, including a DUI conviction in 1995. However, the applicant demonstrated significant rehabilitation and a stable lifestyle, consuming alcohol only on special occasions and abstaining for weeks at a time. The judge ruled in favor of the applicant on all allegations, granting the security clearance.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant was convicted of DUI in 1995.	For Applicant	DUI or DWI Alcohol	Admitted	(b) alcohol-related incident at work	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.b	The applicant has sometimes abused alcohol.	For Applicant	Binge or Intoxication Pattern	Admitted	(b) alcohol-related incident at work	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.c	The applicant consumed alcohol to intoxication with her fiancé about once per week.	For Applicant	Binge or Intoxication Pattern	Admitted	(b) alcohol-related incident at work	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.d	The applicant's fiancé was a drug user, and they drank to excess together.	For Applicant	Binge or Intoxication Pattern	Admitted	(b) alcohol-related incident at work	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—

Descriptive standardized rendering of a decided public case (Guideline G). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline H (Drug Involvement) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The applicant is a reformed drug user with sixteen years of sobriety and a stable lifestyle. The judge found that the applicant's past drug use was mitigated by her long-term abstinence and positive changes in her life, leading to a decision to grant the security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The applicant used marijuana and crack cocaine in her youth.	For Applicant	Marijuana	Experimental	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented
1.b	The applicant was arrested for malicious wounding in 2000 after a domestic dispute involving her fiancé.	For Applicant	Unspecified Drug Involvement	Not Applicable	Denied	—	—	—
1.c	The applicant has a history of alcohol abuse, including a DUI in 1995.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Documented Rehabilitation Evidence
1.d	The applicant's fiancé was a drug user, and they engaged in drinking to intoxication together.	For Applicant	Unspecified Drug Involvement	Not Applicable	Denied	—	—	—

Descriptive standardized rendering of a decided public case (Guideline H). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.