ISCR Case 03-00558.h1

Case Headnote

ISCR Case No. 03-00558.h1

deniedFeb 28, 2005· Hon. Joseph Testan· hearing

Summary

A 21-year-old defense contractor employee was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The denial stemmed from a history of alcohol-related incidents, including a DUI arrest in December 2000 for driving with a blood alcohol level of .08% or more. In April 2001, she pleaded nolo contendere to the charge, resulting in 36 months of probation, approximately $1,519.00 in fines and fees, and a court order to complete an alcohol program.

Despite completing an alcohol treatment program and claiming a significant reduction in her drinking habits since the security clearance process began, the applicant's statements presented conflicting information. In her response to the Statement of Reasons, she admitted to weekly intoxication, with her last instance on September 11, 2003, and stated her intent to continue consuming alcohol. Conversely, in her response to the security clearance form, she indicated her drinking habit had become "nonexistent" and instances of drinking had "decreased dramatically."

Ultimately, the decision to deny the clearance was based on the applicant's history of alcohol consumption to the point of intoxication, which raised concerns about her judgment and reliability. The adjudicator concluded that, despite claims of reduced drinking, the applicant's statements indicated a likelihood of future alcohol consumption to the point of intoxication.

Why the Applicant Was Denied

The applicant's history of alcohol consumption to the point of intoxication raises concerns about her judgment and reliability.
The applicant's statements indicated a likelihood of future alcohol consumption to the point of intoxication, despite claims of reduced drinking.

Conditions Referenced

Disqualifying

E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

E2.A7.1.3.1appliedThe Alcohol-related Incidents Do Not Indicate a Pattern
E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
E2.A10.1.3.2appliedThe Crime Was an Isolated Incident
E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation
E2.A7.1.3.2rejectedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
E2.A7.1.3.3rejectedPositive Changes in Behavior Supportive of Sobriety

Key Rule Quoted

“It is not clearly consistent with the national interest to grant or continue a security clearance for applicant.”

Procedural Posture

SOR issuedDec 22, 2003
Answer filedFeb 12, 2004Applicant elected to have case determined on written record.
Hearing held—No hearing; case determined on written record.
Decision dateFeb 28, 2005

Cite For

Evaluation of Alcohol Consumption Under Guideline G
Impact of Past Criminal Behavior on Security Clearance Under Guideline J
Consideration of Mitigating Conditions Related to Alcohol-related Incidents

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 has a history of alcohol-related incidents, including a DUI arrest.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.b	The applicant has consumed alcohol to excess and to the point of intoxication.	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
2.a	The applicant has completed an alcohol treatment program.	For Applicant	Treatment Non Compliance	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur	Documented Substance Treatment Completed
2.b	The applicant has shown positive changes in behavior regarding alcohol consumption.	For Applicant	Continued Use After Treatment	Denied	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of alcohol-related incidents, including a DUI arrest.

Against Applicant

DUI or DWI Alcohol

Admitted

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

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

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

—

1.b

The applicant has consumed alcohol to excess and to the point of intoxication.

Against Applicant

Binge or Intoxication Pattern

Admitted

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

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

—

2.a

The applicant has completed an alcohol treatment program.

For Applicant

Treatment Non Compliance

Admitted

—

(a) so much time has passed / so infrequent that it is unlikely to recur

Documented

Substance Treatment Completed

2.b

The applicant has shown positive changes in behavior regarding alcohol consumption.

For Applicant

Continued Use After Treatment

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In December 2000, she was arrested and charged with Driving with a .08% or more blood/ alcohol level.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(c) no reliable evidence the individual committed the offense	—
1.b	In April 2001, she pleaded nolo contendere to the charge, and was placed on probation for 36 months, fined and/or assessed various fees in the approximate amount of $1,519.00, and ordered to complete an alcohol program.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(c) no reliable evidence the individual committed the offense	—
1.c	In her response to the SOR, applicant stated that she still drinks beer, wine and/or liquor to the point of intoxication on a weekly basis, she was last intoxicated on September 11, 2003, and she intends to continue consuming alcohol.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	In her response to the FORM, applicant stated that her drinking habit has become nonexistent; the instances where drinking is involved have decreased dramatically since the Security Clearance process began, and has continued to decrease considerably.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	(d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Claimed Rehabilitation Evidence

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In December 2000, she was arrested and charged with Driving with a .08% or more blood/ alcohol level.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) no reliable evidence the individual committed the offense

—

1.b

In April 2001, she pleaded nolo contendere to the charge, and was placed on probation for 36 months, fined and/or assessed various fees in the approximate amount of $1,519.00, and ordered to complete an alcohol program.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) no reliable evidence the individual committed the offense

—

1.c

In her response to the SOR, applicant stated that she still drinks beer, wine and/or liquor to the point of intoxication on a weekly basis, she was last intoxicated on September 11, 2003, and she intends to continue consuming alcohol.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

—

1.d

In her response to the FORM, applicant stated that her drinking habit has become nonexistent; the instances where drinking is involved have decreased dramatically since the Security Clearance process began, and has continued to decrease considerably.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Claimed

Rehabilitation Evidence

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES