ISCR Case 03-04247.h1

Case Headnote

ISCR Case No. 03-04247.h1

grantedJul 22, 2004· Hon. James A. Young· hearing

Summary

A 33-year-old software engineer was granted a security clearance despite concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant's history included multiple arrests: a DWAI conviction in April 2002 following a May 2001 arrest, DUI arrests in February 2001 and May 1991, and an arrest in June 1991 for failing to appear and drinking in public. Additional arrests included failing to appear in June 1997, damaging business property and public peace in September 1996, contempt of court in May 1994, and third-degree assault and theft in August 1993.

The administrative judge acknowledged these disqualifying conditions but applied several mitigating factors. The applicant received alcohol-related treatment from July 2001 to October 2002 and demonstrated successful rehabilitation through attendance in alcohol education and treatment programs.

The decision to grant the clearance was based on findings that the applicant is not alcohol dependent and has made positive behavioral changes supporting sobriety. Crucially, the last alcohol-related incident occurred over three years prior to the decision, indicating a sustained period without problems. The judge concluded that granting the security clearance was consistent with national interest.

Why the Applicant Prevailed

The applicant is not alcohol dependent and has made positive changes in behavior supportive of sobriety.
The last alcohol-related incident occurred over three years ago, indicating no recent problems.
The applicant attended alcohol education and treatment programs, demonstrating successful rehabilitation.

Conditions Referenced

Disqualifying

E2.A7.1.2.1raisedAlcohol Consumption
E2.A10.1.2.1raisedCriminal Conduct
E2.A5.1.2.1raisedPersonal Conduct

Mitigating

E2.A7.1.3.2appliedAlcohol ConsumptionThe last incident was over three years ago.
E2.A7.1.3.3appliedAlcohol ConsumptionThe applicant has made positive changes in behavior supportive of sobriety.
E2.A10.1.3.1appliedCriminal ConductThe crimes were not recent.
E2.A10.1.3.6appliedCriminal ConductThere is clear evidence of successful rehabilitation.
E2.A5.1.3.5appliedPersonal ConductThe applicant has taken positive steps to eliminate vulnerability to exploitation.

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 issuedNov 26, 2003
Answer filedMar 10, 2004Applicant elected to have a hearing.
Hearing heldMay 12, 2004
Decision dateJul 22, 2004

Cite For

Mitigation of Alcohol-related Incidents Under Guideline G
Successful Rehabilitation in Criminal Conduct Cases Under Guideline J
Positive Changes in Personal Conduct Leading to Clearance Approval Under Guideline E

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant was arrested in May 2001 and convicted in April 2002 of DWAI.	For Applicant	DUI or DWI Alcohol	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse (d) completed treatment and aftercare with established abstinence/modified use	—
1.b	The applicant received alcohol-related treatment from July 2001 until October 2002.	For Applicant	Treatment Non Compliance	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse (d) completed treatment and aftercare with established abstinence/modified use	—
1.c	The applicant was arrested in February 2001 for DUI.	For Applicant	DUI or DWI Alcohol	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse (d) completed treatment and aftercare with established abstinence/modified use	—
1.d	The applicant was arrested in June 1991 for failing to appear and drinking in public.	For Applicant	Public Intoxication	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse (d) completed treatment and aftercare with established abstinence/modified use	—
1.e	The applicant was arrested in May 1991 and convicted of DUI.	For Applicant	DUI or DWI Alcohol	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse (d) completed treatment and aftercare with established abstinence/modified use	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant was arrested in May 2001 and convicted in April 2002 of DWAI.

For Applicant

DUI or DWI Alcohol

Admitted

—

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

(d) completed treatment and aftercare with established abstinence/modified use

—

1.b

The applicant received alcohol-related treatment from July 2001 until October 2002.

For Applicant

Treatment Non Compliance

Admitted

—

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

(d) completed treatment and aftercare with established abstinence/modified use

—

1.c

The applicant was arrested in February 2001 for DUI.

For Applicant

DUI or DWI Alcohol

Admitted

—

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

(d) completed treatment and aftercare with established abstinence/modified use

—

1.d

The applicant was arrested in June 1991 for failing to appear and drinking in public.

For Applicant

Public Intoxication

Admitted

—

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

(d) completed treatment and aftercare with established abstinence/modified use

—

1.e

The applicant was arrested in May 1991 and convicted of DUI.

For Applicant

DUI or DWI Alcohol

Admitted

—

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

(d) completed treatment and aftercare with established abstinence/modified use

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant had been charged and arrested as indicated in ¶¶ 1.a, 1.c, and 1.d	For 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	—
2.b	arrested in June 1997 for failing to appear	For Applicant	Unspecified Criminal Conduct	Arrested Not Charged	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(c) no reliable evidence the individual committed the offense	—
2.c	arrested in September 1996 for damaging business property and public peace	For Applicant	Vandalism or Property Damage	Arrested Not Charged	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(c) no reliable evidence the individual committed the offense	—
2.d	arrested in May 1994 for contempt of court	For Applicant	Unspecified Criminal Conduct	Arrested Not Charged	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(c) no reliable evidence the individual committed the offense	—
2.e	arrested in August 1993 for third degree assault and theft	For Applicant	Assault or Battery	Arrested Not Charged	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(c) no reliable evidence the individual committed the offense	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant had been charged and arrested as indicated in ¶¶ 1.a, 1.c, and 1.d

For 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

—

2.b

arrested in June 1997 for failing to appear

For Applicant

Unspecified Criminal Conduct

Arrested Not Charged

Admitted

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

(c) no reliable evidence the individual committed the offense

—

2.c

arrested in September 1996 for damaging business property and public peace

For Applicant

Vandalism or Property Damage

Arrested Not Charged

Admitted

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

(c) no reliable evidence the individual committed the offense

—

2.d

arrested in May 1994 for contempt of court

For Applicant

Unspecified Criminal Conduct

Arrested Not Charged

Admitted

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

(c) no reliable evidence the individual committed the offense

—

2.e

arrested in August 1993 for third degree assault and theft

For Applicant

Assault or Battery

Arrested Not Charged

Admitted

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

(c) no reliable evidence the individual committed the offense

—

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES