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ISCR Case 02-30237.h1 — CASE

ISCR Case 02-30237.h1granted

Case Headnote

ISCR Case No. 02-30237.h1

grantedNov 24, 2004· Hon. Joseph Testan· hearing

Summary

A 30-year-old defense contractor was granted a security clearance despite a history of alcohol-related incidents, which raised concerns under Guideline G (Alcohol Consumption). The Statement of Reasons detailed multiple DUI and OVWI charges, past excessive alcohol consumption, and convictions for alcohol-related offenses. These issues triggered disqualifying condition E2.A7.1.2.1.

However, the applicant demonstrated significant positive changes, leading to the application of mitigating conditions E2.A7.1.3.2 and E2.A7.1.3.3. The judge noted that the applicant's last alcohol-related incident occurred over six years prior to the decision. Furthermore, there was no evidence of excessive alcohol consumption within the last two years.

The applicant credibly stated that he no longer consumes alcohol, and his commitment to sobriety was a key factor in the decision. Based on these demonstrated positive changes and the sustained period of sobriety, the security clearance was granted.

Why the Applicant Prevailed

The applicant's last alcohol-related incident occurred over six years ago.
There is no evidence of alcohol consumption to excess in the last two years.
The applicant credibly stated he no longer consumes alcohol.

Conditions Referenced

Disqualifying

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

Mitigating

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

“It is clearly consistent with the national interest to grant or continue a security clearance for applicant.”

Procedural Posture

SOR issuedMar 12, 2004
Answer filedMar 29, 2004Applicant elected to have case determined on a written record.
Hearing held—No hearing; case determined on written record.
Decision dateNov 24, 2004

Cite For

Mitigation of Alcohol-related Incidents Under Guideline G
Credibility of Applicant's Statements Regarding Sobriety
Time Elapsed Since Last Alcohol-related Incident as a Mitigating Factor

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 DUI and OVWI charges, but has not consumed alcohol to excess since August 2002. The judge found credible the applicant's statement that he no longer consumes alcohol, leading to a decision to grant the security clearance.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a history of alcohol-related incidents, including DUI and OVWI charges.	For Applicant	DUI or DWI Alcohol	Admitted	(e) failure to follow treatment advice once diagnosed	(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 has consumed alcohol to excess in the past.	For Applicant	Binge or Intoxication Pattern	Admitted	(e) failure to follow treatment advice once diagnosed	(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 has been arrested and/or charged with alcohol-related offenses.	For Applicant	Alcohol Related Arrest	Admitted	(e) failure to follow treatment advice once diagnosed	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.d	The applicant has been convicted of alcohol-related offenses.	For Applicant	Alcohol Related Arrest	Admitted	(e) failure to follow treatment advice once diagnosed	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.e	The applicant has made positive changes in behavior supportive of sobriety.	For Applicant	Unspecified Alcohol Incident	Unknown	—	(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: November 24, 2004 In Re: ----------------------- SSN: ----------- Applicant for Security Clearance ISCR Case No. 02-30237 DECISION OF ADMINISTRATIVE JUDGE JOSEPH TESTAN

SYNOPSIS Applicant's last alcohol-related incident occurred over six years ago. There is no evidence that he has consumed alcohol to excess in the last two years, and he has made the credible statement that he no longer consumes it. Clearance is granted.

STATEMENT OF CASE

On March 12, 2004, 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, 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 March 29, 2004, and elected to have his case determined on a written record in lieu of a hearing. Department Counsel submitted the Government's written case (FORM) on or about June 21, 2004. Applicant filed a response to the FORM on or about July 26, 2004. The case was assigned to me on August 2, 2004.

FINDINGS OF FACT

Applicant is a 30 year old employee of a defense contractor. Applicant consumed alcohol, at times to excess and to the point of intoxication, from the time he attended High School to at least August 19, 2002. In approximately April 1992, he was cited for being a minor in possession of alcohol. He was granted "diversion," and after he attended a one day alcohol awareness class, the charge was dismissed. In August 1995, applicant was arrested and charged with Driving Under the Influence (DUI). After he pleaded guilty to DUI, he was fined and/or assessed court costs of approximately $198.00, and ordered to attend an alcohol awareness class. In addition, his drivers license was suspended for one year. Applicant attended a two day alcohol awareness class. In February 1998, applicant was arrested and charged with Operating a Vehicle While Intoxicated (OVWI) and three lesser charges. He was found guilty of OVWI, sentenced to 365 days in jail (all but two days suspended), fined and/or assessed court costs of approximately $480.00, ordered to attend an alcohol awareness class, and placed on probation for one year. In addition, his drivers license was restricted for 180 days. The other three charges were dismissed. In his response to the SOR, applicant stated that he believes his current alcohol consumption is not a security concern because he no longer consumes it "to excess/intoxication," and he no longer drives after drinking. In his more recent response to the FORM, he stated that he has "stopped consuming alcohol entirely as part of a health regimen."

CONCLUSION

The evidence establishes that applicant (1) consumed alcohol, at times to excess and to the point of intoxication, from the early 1990sto at least August 19, 2002, (2) has been arrested and/or charged with alcohol-related offenses on three occasions, and (3) has been convicted of alcohol-related offenses on two occasions. This conduct reflects adversely on his judgment and reliability. It also requires application of Disqualifying Condition E2.A7.1.2.1 (alcohol-related incidents away from work, such as driving under the influence, fighting, child or spouse abuse, or other criminal incidents related to alcohol use). Turning to the issue of mitigation, applicant's last alcohol-related incident occurred over six years ago. There is no evidence that he has consumed alcohol to excess since August 2002, and he has made the credible statement that he no longer consumes alcohol. These facts require application of Mitigating Conditions E2.A7.1.3.2 (the problem occurred a number of years ago and there is no indication of a recent problem) and E2.A7.1.3.3 (positive changes in behavior supportive of sobriety). Based on the foregoing, I conclude that applicant has reformed and is unlikely to consume alcohol to excess in the future. For this reason, Guideline G is found for applicant.

FORMAL FINDINGS

PARAGRAPH 1: FOR THE APPLICANT All subparagraphs found 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

FOOTNOTES

FOR GOVERNMENT Jennifer I. Campbell, Department Counsel FOR APPLICANT Pro Se