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ISCR Case 02-17511.h1 — CASE

ISCR Case 02-17511.h1granted

Case Headnote

ISCR Case No. 02-17511.h1

grantedDec 19, 2003· Hon. Joseph Testan· hearing

Summary

This case concerns a 42-year-old defense contractor employee whose security clearance was reviewed under Guideline G (Alcohol Consumption) due to a history of alcohol-related incidents. The Statement of Reasons detailed three DUI arrests: one in 1992, another in December 1997, and a third in June 1998. The applicant was subsequently convicted of felony DUI in April 1999, resulting in a 90-day jail sentence, an approximately $800 fine, 240 hours of community service, and three years of probation.

Despite these disqualifying conditions, the applicant demonstrated significant rehabilitation. His last alcohol-related incident occurred over five years prior to the review. Following his last DUI conviction, he abstained from alcohol for approximately two years.

Currently, the applicant limits his alcohol consumption to two drinks and has shown a credible commitment to responsible drinking, indicating he will not repeat past errors. Based on the time elapsed since the last incident and the applicant's demonstrated rehabilitation and commitment, the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant's last alcohol-related incident occurred over five years ago.
He abstained from alcohol for about two years following his last DUI conviction.
The applicant currently limits himself to two drinks and is committed to not reliving past errors.

Conditions Referenced

Disqualifying

E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work

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.

Key Rule Quoted

“The evidence establishes that applicant was arrested, charged and convicted of three alcohol-related driving offenses.”

Procedural Posture

SOR issuedApr 9, 2003
Answer filedApr 26, 2003
Hearing heldOct 7, 2003
Decision dateDec 19, 2003

Cite For

Mitigating Conditions Under Guideline G for Past Alcohol-related Incidents
Credibility of Applicant's Testimony Regarding Alcohol Consumption
Time Elapsed Since Last Alcohol-related Incident as a Factor in Clearance Decisions

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 G (Alcohol Consumption) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The applicant had a history of alcohol-related incidents, including multiple DUI convictions. However, he has abstained from excessive alcohol consumption for over five years and has demonstrated a commitment to responsible drinking. The judge found that the applicant's past issues do not indicate a current problem, leading to a decision to grant the security clearance.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant was arrested and charged with Driving Under the Influence (DUI) in 1992.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.b	In December 1997, the applicant was arrested for DUI and in June 1998, he was again arrested for DUI before appearing in court for the December 1997 charge.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(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 convicted of felony DUI in April 1999 and sentenced to 90 days in jail, fined approximately $800.00, ordered to serve 240 hours of community service, and placed on probation for three years.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(b) acknowledges the pattern and has established modified use or abstinence (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.

Full decision

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

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

DATE: December 19, 2003 In Re: -------------------- SSN: ----------- Applicant for Security Clearance ISCR Case No. 02-17511 DECISION OF ADMINISTRATIVE JUDGE JOSEPH TESTAN

SYNOPSIS Applicant's last alcohol-related incident occurred over five years ago. He no longer consumes alcohol to excess. Clearance is granted.

On April 9, 2003, the Defense Office of Hearings and Appeals (DOHA), pursuant to Executive Order 10865 and Department of Defense Directive 5220.6 (Directive), dated January 2, 1992, (as administratively reissued on April 20, 1999), issued a Statement of Reasons (SOR) to applicant which detailed reasons why DOHA could not make the preliminary affirmative finding under the Directive that it is clearly consistent with the national interest to grant or continue a security clearance for applicant and recommended referral to an Administrative Judge to determine whether clearance should be denied or revoked. Applicant responded to the SOR in writing on April 26, 2003. The case was assigned to the undersigned on August 27, 2003, and a Notice of Hearing was issued on September 19, 2003. The hearing was held on October 7, 2003. The transcript was received on October 20, 2003.

FINDINGS OF FACT

Applicant is a 42 year old employee of a defense contractor. In 1992, applicant was arrested and charged with Driving Under the Influence (DUI). He was convicted of the charge. In December 1997, applicant was arrested for DUI. In June 1998, before he appeared in court to answer the December 1997 charge, he was again arrested for DUI. The two cases were consolidated for trial, and in April 1999 he was convicted of felony DUI. He was sentenced to 90 days in jail (he actually served six weeks on work release), fined approximately $800.00, ordered to serve 240 hours of community service, and placed on probation for three years. Following his 1999 conviction, applicant abstained from the use of alcohol for "about two years" (TR at 55-56). He eventually resumed drinking, but not to excess. He now limits himself to two drinks (TR at 49). He is committed to not reliving "the errors of [his] past." (1) Letters from 11 of applicant's coworkers were admitted into evidence (Exhibit C). In general, the coworkers describe applicant as honest and reliable.

POLICIES

Enclosure 2 of the Directive sets forth Guidelines (divided into Disqualifying Factors and Mitigating Factors) which must be followed by the Administrative Judge. Based on the foregoing Findings of Fact, the following Disqualifying Factors and Mitigating Factors are applicable: Alcohol Consumption Disqualifying Conditions: E2.A7.1.2.1: Alcohol-related incidents away from work Mitigating Conditions: E2.A7.1.3.1: The alcohol related incidents do not indicate a pattern. E2.A7.1.3.2: The problem occurred a number of years ago and there is no indication of a recent problem.

CONCLUSION

The evidence establishes that applicant was arrested, charged and convicted of three alcohol-related driving offenses. Applicant's alcohol-related misconduct reflects adversely on his judgment, reliability and trustworthiness, and reasonably suggests he cannot be relied upon to safeguard classified information. Following his last DUI arrest in 1998, applicant abstained from the use of alcohol for a couple of years. Although he eventually resumed drinking, he testified credibly that he no longer drinks to excess. Given this credible testimony, the passage of time since applicant's last alcohol-related incident (over five years), and the lack of any evidence that suggests applicant might not be able to follow through with his stated intention not to drink to excess in the future (e.g., a diagnosis of alcohol dependence), I conclude that applicant is unlikely to abuse alcohol in the future. Accordingly, Guideline G is found for applicant.

FORMAL FINDINGS

PARAGRAPH 1: FOR THE APPLICANT

DECISION

In light of all the circumstances presented by the record in this case, it is clearly consistent with the national interest to grant or continue a security clearance for applicant. ____________________________ Joseph Testan Administrative Judge 1. SOR Response, page 2.

FOOTNOTES

FOR GOVERNMENT Melvin A. Howry, Department Counsel FOR APPLICANT Pro Se