ISCR Case 01-13636.h1

Case Headnote

ISCR Case No. 01-13636.h1

deniedDec 17, 2002· Hon. James A. Young· hearing

Summary

A 29-year-old applicant was denied a security clearance due to significant concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The denial stemmed from a history of criminal conduct and alcohol abuse, which raised serious doubts about the applicant's judgment and reliability.

The applicant's history included multiple alcohol-related incidents, such as driving under the influence and public intoxication, and three separate occasions of receiving treatment for alcohol problems. Specific incidents included an arrest in November 1992 for criminal mischief and illegal alcohol possession, which was dismissed. In September 1995, the applicant was convicted of public intoxication, criminal mischief, and disorderly conduct after damaging property while intoxicated at a university party. A May 1999 arrest for driving under the influence resulted in a conviction, a $505 fine, a six-month license suspension, and a directive to attend an alcohol education program, with a blood alcohol content of at least .21.

Beyond alcohol-related offenses, the applicant had a broader history of criminal behavior, including two sentences of imprisonment for up to 23 months. Despite some mitigating factors being present, the judge found no clear evidence of rehabilitation, noting the applicant's continued excessive alcohol consumption. Ultimately, the applicant failed to demonstrate that granting a security clearance would be consistent with the national interest.

Why the Applicant Was Denied

Applicant has a long history of criminal conduct, including multiple DUI offenses and other alcohol-related incidents.
Applicant continues to consume alcohol excessively, undermining claims of rehabilitation and reliability.
The applicant failed to demonstrate that granting a security clearance is clearly consistent with the national interest.

Conditions Referenced

Disqualifying

G1raisedAlcohol Consumption
J1raisedCriminal Conduct
E1raisedPersonal Conduct

Mitigating

G2rejectedAlcohol ConsumptionThe applicant did not provide evidence of a formal diagnosis of alcohol abuse or that he has abstained from alcohol for a year.
J2rejectedCriminal ConductThere was no clear evidence of rehabilitation despite the applicant's claims.
E2appliedPersonal ConductThe applicant successfully refuted the allegation of falsifying material facts on his security clearance application.

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."”
— Directive, ¶ E2.2.2.

Procedural Posture

SOR issuedJun 7, 2002
Answer filedAug 5, 2002Applicant elected to have the case decided on the written record.
Hearing held—No hearing was held.
Decision dateDec 17, 2002

Cite For

Denial Based on a History of Alcohol Abuse Under Guideline G
Denial Due to a Pattern of Criminal Conduct Under Guideline J
Consideration of Personal Conduct Allegations 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	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a history of alcohol-related incidents, including driving under the influence and public intoxication.	Against Applicant	DUI or DWI Alcohol	Denied	—	—	—
1.b	The applicant received treatment for alcohol problems on three different occasions.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.c	The applicant received treatment for alcohol problems on three different occasions.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.d	The applicant has a history of alcohol-related incidents, including driving under the influence and public intoxication.	Against Applicant	Binge or Intoxication Pattern	Denied	—	—	—
1.e	The applicant received treatment for alcohol problems on three different occasions.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.f	The applicant has a history of alcohol-related incidents, including driving under the influence and public intoxication.	Against Applicant	Binge or Intoxication Pattern	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of alcohol-related incidents, including driving under the influence and public intoxication.

Against Applicant

DUI or DWI Alcohol

Denied

—

1.b

The applicant received treatment for alcohol problems on three different occasions.

For Applicant

Treatment Non Compliance

Admitted

—

1.c

The applicant received treatment for alcohol problems on three different occasions.

For Applicant

Treatment Non Compliance

Admitted

—

1.d

The applicant has a history of alcohol-related incidents, including driving under the influence and public intoxication.

Against Applicant

Binge or Intoxication Pattern

Denied

—

1.e

The applicant received treatment for alcohol problems on three different occasions.

For Applicant

Treatment Non Compliance

Admitted

—

1.f

The applicant has a history of alcohol-related incidents, including driving under the influence and public intoxication.

Against Applicant

Binge or Intoxication Pattern

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant has a history of criminal behavior. While most of the offenses may be considered minor, he was sentenced on two different occasions to imprisonment for up to 23 months. Although some of these offenses were not recent, there is no clear evidence of rehabilitation.	Against Applicant	Multiple Arrests Pattern	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.b	Applicant was arrested on November 7, 1992, and charged with criminal mischief and illegal purchase or possession of alcohol by a minor, for being intoxicated and ripping wires out of a circuit breaker at a local arcade. The charges were dismissed when the arresting officer failed to appear on the court date.	For Applicant	Vandalism or Property Damage	Dismissed or Nolle Prossed	Denied	—	—	—
2.c	Applicant was arrested on May 25, 1999, for driving under the influence of alcohol. His blood alcohol content was at least .21. He was convicted pursuant to his guilty plea, paid $505.00 in fines and costs, had his diver's license suspended for six months, and was directed to attend a two-day alcohol education program.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.d	In September 1995, while at a party at his university, Applicant became intoxicated, broke a light, and damaged other property. As a result of this incident, Applicant was convicted, pursuant to his guilty plea, of public intoxication, criminal mischief, and disorderly conduct.	Against Applicant	Assault or Battery	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant has a history of criminal behavior. While most of the offenses may be considered minor, he was sentenced on two different occasions to imprisonment for up to 23 months. Although some of these offenses were not recent, there is no clear evidence of rehabilitation.

Against Applicant

Multiple Arrests Pattern

Convicted

Denied

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

—

2.b

Applicant was arrested on November 7, 1992, and charged with criminal mischief and illegal purchase or possession of alcohol by a minor, for being intoxicated and ripping wires out of a circuit breaker at a local arcade. The charges were dismissed when the arresting officer failed to appear on the court date.

For Applicant

Vandalism or Property Damage

Dismissed or Nolle Prossed

Denied

—

2.c

Applicant was arrested on May 25, 1999, for driving under the influence of alcohol. His blood alcohol content was at least .21. He was convicted pursuant to his guilty plea, paid $505.00 in fines and costs, had his diver's license suspended for six months, and was directed to attend a two-day alcohol education program.

Against Applicant

DUI or DWI Criminal

Convicted

Denied

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

—

2.d

In September 1995, while at a party at his university, Applicant became intoxicated, broke a light, and damaged other property. As a result of this incident, Applicant was convicted, pursuant to his guilty plea, of public intoxication, criminal mischief, and disorderly conduct.

Against Applicant

Assault or Battery

Convicted

Denied

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

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES