ISCR Case 01-23362.h1

Case Headnote

ISCR Case No. 01-23362.h1

deniedJan 4, 2006· Hon. Barry M. Sax· hearing

Summary

A 59-year-old inspector for a defense contractor was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The denial stemmed from a long history of alcohol abuse and multiple alcohol-related arrests occurring between 1970 and 2001.

The applicant's record included six arrests in State A: an August 1970 arrest for possession of dangerous drugs and driving under the influence of dangerous drugs, resulting in a suspended three-year jail sentence and three years probation; a December 1971 drunk driving arrest leading to 30 days in county jail for violating the 1970 probation; a February 1976 drunk driving arrest with fines of about $315.00; a February 1979 driving under the influence arrest with fines of about $380.00; a March 1981 arrest for driving under the influence and no driver's license, resulting in three years probation, three days in jail, license surrender, and costs of about $499.00; and a February 2001 arrest for driving under the influence and a blood alcohol level of .08% or higher. The 2001 incident resulted in a guilty plea to DUI, 36 months of unsupervised probation, fines of $1,259.00, restitution of $110.00, attendance at an alcohol program, three days in jail, and a three-month license surrender.

Despite positive letters from supervisors, the applicant continued to consume alcohol until at least October 2003 and failed to demonstrate rehabilitation or mitigation of the security concerns. The cumulative effect of his extensive history of alcohol misuse and related criminal conduct ultimately led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has a lengthy history of alcohol abuse and multiple alcohol-related arrests spanning over 30 years.
The applicant continues to consume alcohol and has not established rehabilitation or mitigation of his alcohol-related issues.
The applicant's evidence did not outweigh the cumulative effect of his history of alcohol misuse.

Conditions Referenced

Disqualifying

J1raisedCriminal Conduct
J2raisedCriminal Conduct
G1raisedAlcohol Consumption
G4raisedAlcohol Consumption

Key Rule Quoted

“An applicant's admission of the information in specific allegations relieves the Government of having to prove those allegations.”

Procedural Posture

SOR issuedJun 10, 2004
Answer filedJul 16, 2004
Hearing heldSep 13, 2005
Decision dateJan 4, 2006

Cite For

History of Alcohol Abuse Leading to Security Concerns Under Guideline G
Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
Failure to Demonstrate Rehabilitation in Cases of Long-term Substance Abuse Issues

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Applicant consumed alcohol, at times to excess and to the point of intoxication, from about 1970 to at least October 2003, which was about 23 months prior to the hearing in this matter, and about two year after his last arrest;	Against Applicant	Binge or Intoxication Pattern	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (d) diagnosis of alcohol use disorder by a qualified professional	—	—
2.b	On those occasions cited in paragraph 1, above, Applicant's alcohol abuse directly led to his arrests;	Against Applicant	Binge or Intoxication Pattern	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (d) diagnosis of alcohol use disorder by a qualified professional	—	—
2.c	Applicant continued to consume alcohol from 1970 to the recent past, despite his series of alcohol-related arrests.	Against Applicant	Continued Use After Treatment	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (d) diagnosis of alcohol use disorder by a qualified professional	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Applicant consumed alcohol, at times to excess and to the point of intoxication, from about 1970 to at least October 2003, which was about 23 months prior to the hearing in this matter, and about two year after his last arrest;

Against Applicant

Binge or Intoxication Pattern

Denied

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

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

—

2.b

On those occasions cited in paragraph 1, above, Applicant's alcohol abuse directly led to his arrests;

Against Applicant

Binge or Intoxication Pattern

Denied

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

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

—

2.c

Applicant continued to consume alcohol from 1970 to the recent past, despite his series of alcohol-related arrests.

Against Applicant

Continued Use After Treatment

Denied

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

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested on February 25, 2001, in State A, and charged with Counts I -Driving Under the Influence (DUI) and II - Blood Alcohol Level of .08% or higher. Applicant pleaded guilty to Count 1 and Count II was dismissed. He was sentenced to 36 months of unsupervised probation; to pay fines of $1,259.00; to make restitution of $110.00 to the victim; to attend multiple offense alcohol program; to spend three days in jail; and to surrender his driver's license for three months;	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	Applicant was arrested on March 15, 1981, in State A, and charged with (1) Driving Under the Influence and (2) No Driver's License. He was sentenced to three years probation, three days in jail, surrender his driver's license, and pay costs of about $499.00;	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	Applicant was arrested on or about February 29, 1979, in State A, and charged with Driving Under the Influence. He was ordered to pay fines of about $380.00;	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	Applicant was arrested on or about February 22, 1976, in State A, and charged with Drunk Driving. He was ordered to pay fines of about $315.00;	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	Applicant was arrested on or about December 25, 1971, in State A, and charged with Drunk Driving. He was sentenced to 30 days in the county jail; based on his violation of the 1970 probation cited in 1.f.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	Applicant was arrested on or about August 16, 1970, in State A, and charged with Count (1) Possession of Dangerous Drugs; and (II) Driving Under the Influence of Dangerous Drugs. He was under the influence of both alcohol and drugs. He was found guilty on Count (I) and sentenced to three years in jail, suspended, and three years probation.	For Applicant	Drug Related Criminal Charge	Convicted	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested on February 25, 2001, in State A, and charged with Counts I -Driving Under the Influence (DUI) and II - Blood Alcohol Level of .08% or higher. Applicant pleaded guilty to Count 1 and Count II was dismissed. He was sentenced to 36 months of unsupervised probation; to pay fines of $1,259.00; to make restitution of $110.00 to the victim; to attend multiple offense alcohol program; to spend three days in jail; and to surrender his driver's license for three months;

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.b

Applicant was arrested on March 15, 1981, in State A, and charged with (1) Driving Under the Influence and (2) No Driver's License. He was sentenced to three years probation, three days in jail, surrender his driver's license, and pay costs of about $499.00;

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.c

Applicant was arrested on or about February 29, 1979, in State A, and charged with Driving Under the Influence. He was ordered to pay fines of about $380.00;

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.d

Applicant was arrested on or about February 22, 1976, in State A, and charged with Drunk Driving. He was ordered to pay fines of about $315.00;

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.e

Applicant was arrested on or about December 25, 1971, in State A, and charged with Drunk Driving. He was sentenced to 30 days in the county jail; based on his violation of the 1970 probation cited in 1.f.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.f

Applicant was arrested on or about August 16, 1970, in State A, and charged with Count (1) Possession of Dangerous Drugs; and (II) Driving Under the Influence of Dangerous Drugs. He was under the influence of both alcohol and drugs. He was found guilty on Count (I) and sentenced to three years in jail, suspended, and three years probation.

For Applicant

Drug Related Criminal Charge

Convicted

Denied

—

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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