ISCR Case 03-19947.h1

Case Headnote

ISCR Case No. 03-19947.h1

grantedMar 2, 2005· Hon. Claude R. Heiny II· hearing

Summary

This case concerns a 26-year-old defense contractor whose security clearance was reviewed under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons detailed two arrests for Driving While Intoxicated (DWI) in June 1999 and July 2001, respectively, along with an open container charge in October 2001. The last alcohol-related arrest occurred three and a half years prior to the decision. These incidents raised concerns regarding a history of alcohol-related issues and criminal conduct.

However, the judge found sufficient evidence of rehabilitation and positive lifestyle changes. Mitigating conditions were applied, noting that the applicant's criminal conduct occurred several years ago, with no indication of recent problems with alcohol or criminal behavior. The applicant demonstrated significant changes in behavior supportive of sobriety since her last alcohol-related incident in 2001.

Further evidence of stability and responsibility included the applicant being gainfully employed and engaged to be married. Based on these factors, the judge determined that the applicant had successfully mitigated the security concerns. The security clearance was GRANTED.

Why the Applicant Prevailed

The applicant demonstrated significant changes in behavior supportive of sobriety since her last alcohol-related incident in 2001.
The applicant's criminal conduct occurred several years ago, and there is no indication of recent problems with alcohol or criminal behavior.
The applicant is gainfully employed and engaged to be married, indicating stability and responsibility.

Conditions Referenced

Disqualifying

E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence, Fighting, Child or Spouse Abuse, or Other Criminal Incidents Related to Alcohol Use.
E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment.
E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses.

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.
E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent.
E2.A10.1.3.4appliedThe Person Did Not Voluntarily Commit the Act And/or the Factors Leading to the Violation Are Not Likely to Recur.
E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation.

Key Rule Quoted

“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
— Directive ¶ E2.2.2

Procedural Posture

SOR issuedNov 23, 2004
Answer filedDec 7, 2004Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decided on the written record.
Decision dateMar 2, 2005

Cite For

Mitigating Conditions for Alcohol-related Incidents Under Guideline G
Mitigating Conditions for Criminal Conduct Under Guideline J
Evidence of Rehabilitation and Lifestyle Changes in Security Clearance Determinations

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 drove while under the influence of alcohol on two occasions resulting in her arrested.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (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 was arrested for DWI in June 1999 and charged with Driving While Intoxicated (DWI).	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (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 was arrested for DWI again in July 2001 and for open container in October 2001.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (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's last alcohol-related arrest occurred in 2001, which is three and a half years ago.	For Applicant	Unspecified Alcohol Incident	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (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	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant drove while under the influence of alcohol on two occasions resulting in her arrested.

For Applicant

DUI or DWI Alcohol

Admitted

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

(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 was arrested for DWI in June 1999 and charged with Driving While Intoxicated (DWI).

For Applicant

DUI or DWI Alcohol

Admitted

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

(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 was arrested for DWI again in July 2001 and for open container in October 2001.

For Applicant

DUI or DWI Alcohol

Admitted

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

(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's last alcohol-related arrest occurred in 2001, which is three and a half years ago.

For Applicant

Unspecified Alcohol Incident

Admitted

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

(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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The applicant has a history of criminal conduct, including two arrests for driving while intoxicated (DWI) and one for open container.	For Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.) (b) pressured/coerced and unlikely to recur absent that pressure	Credited No Subsequent Offenses Credited Rehabilitation Evidence Credited Other

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

The applicant has a history of criminal conduct, including two arrests for driving while intoxicated (DWI) and one for open container.

For Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(c) no reliable evidence the individual committed the offense

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

(b) pressured/coerced and unlikely to recur absent that pressure

Credited

No Subsequent Offenses

Credited

Rehabilitation Evidence

Credited

Other

Loading case…

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