ISCR Case 01-25652.h1

Case Headnote

ISCR Case No. 01-25652.h1

grantedOct 28, 2003· Hon. Joan Caton Anthony· hearing

Summary

This case concerns a 40-year-old senior program analyst and former U.S. Navy officer whose security clearance was initially questioned under Guideline G (Alcohol Consumption) due to a history of alcohol-related incidents. The Statement of Reasons cited three DUI arrests, with the most recent occurring in March 1997, and a July 1998 diagnosis of alcohol dependence by a medical professional.

However, the applicant had successfully completed a court-ordered alcohol safety awareness program. Furthermore, in the five years preceding the decision, he had no further incidents of alcohol abuse and demonstrated significant positive changes in behavior and lifestyle. These changes included getting married, purchasing a home, completing two graduate degrees, and becoming an active community leader.

The judge ultimately granted the security clearance. This decision was based on the applicant's successful completion of the alcohol safety awareness program, the absence of any alcohol-related incidents in the past six years, and responsible drinking behavior. Crucially, two credentialed medical professionals provided opinions that the applicant was not alcohol dependent and exhibited no signs of alcohol-related problems.

Why the Applicant Prevailed

The applicant successfully completed a court-ordered alcohol safety awareness program after his last DUI arrest.
He has had no alcohol-related incidents in the past six years and has demonstrated responsible drinking behavior.
Two credentialed medical professionals provided opinions that the applicant was not alcohol dependent and exhibited no signs of alcohol-related problems.

Conditions Referenced

Disqualifying

E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work, Such as Driving Under the Influence
E2.A7.1.2.3raisedDiagnosis by a Credentialed Medical Professional of Alcohol Abuse or Alcohol Dependence
E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment

Mitigating

E2.A7.1.3.1appliedThe Alcohol-related Incidents Do Not Indicate a Pattern
E2.A7.1.3.2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
E2.A7.1.3.3appliedPositive Changes in Behavior Supportive of Sobriety

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedDec 9, 2002
Answer filedDec 18, 2002
Hearing heldJun 18, 2003Hearing conducted with no witnesses.
Decision dateOct 28, 2003

Cite For

Mitigating Conditions for Alcohol-related Incidents Under Guideline G
Evaluation of Medical Opinions Regarding Alcohol Dependence
Demonstration of Positive Behavioral Changes Leading to Favorable Clearance Outcomes

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
1.a	The applicant was arrested for driving under the influence of alcohol three times, with the most recent event occurring in March 1997.	For Applicant	DUI or DWI Alcohol	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.b	The applicant successfully completed a court-ordered alcohol safety awareness program.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.c	The applicant was diagnosed as alcohol dependent by a credentialed medical professional in July 1998.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(c) habitual or binge consumption to the point of impaired judgment	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.d	In the past five years, he has had no further incidents of alcohol abuse and has demonstrated conduct that mitigates and exculpates his previous alcohol-related behavior.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.e	He has married, purchased a home, completed two graduate degrees, and is active as a leader in his community.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant was arrested for driving under the influence of alcohol three times, with the most recent event occurring in March 1997.

For Applicant

DUI or DWI Alcohol

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.b

The applicant successfully completed a court-ordered alcohol safety awareness program.

For Applicant

Unspecified Alcohol Incident

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.c

The applicant was diagnosed as alcohol dependent by a credentialed medical professional in July 1998.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

(b) acknowledges the pattern and has established modified use or abstinence

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.d

In the past five years, he has had no further incidents of alcohol abuse and has demonstrated conduct that mitigates and exculpates his previous alcohol-related behavior.

For Applicant

Unspecified Alcohol Incident

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.e

He has married, purchased a home, completed two graduate degrees, and is active as a leader in his community.

For Applicant

Unspecified Alcohol Incident

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES