ISCR Case 03-23380.h1

Case Headnote

ISCR Case No. 03-23380.h1

deniedJun 3, 2005· Hon. Joan Caton Anthony· hearing

Summary

A 52-year-old engineering technologist was denied a security clearance under Guideline G (Alcohol Consumption) due to a history of alcohol dependence and multiple DUI arrests. The Statement of Reasons detailed his alcohol consumption to excess from approximately 1970 to at least January 2002. This included arrests for driving while intoxicated on April 2, 1994; March 5, 1995; June 22, 1998; and January 13, 2002. These incidents resulted in fines, educational training, community service, and driver's license suspensions or revocation.

Following his final arrest, the applicant received two weeks of inpatient treatment in February and March 2002 for alcohol dependence. He then entered an outpatient rehabilitation program in March 2002, from which he was discharged in October 2002 with a recommendation for external support. He also attended Alcoholics Anonymous meetings from about January 2002 to at least May 2003.

Despite claiming sobriety since 2002, the judge concluded that the applicant did not sufficiently mitigate the security risks. This was based on his pattern of alcohol-related misconduct, failure to adhere to recommended aftercare support, and sporadic attendance at Alcoholics Anonymous meetings, which did not demonstrate a commitment to recovery.

Why the Applicant Was Denied

The applicant has a history of multiple DUI arrests, indicating a pattern of alcohol-related misconduct.
He was diagnosed as alcohol dependent and did not follow through with recommended aftercare support.
The applicant's sporadic attendance at Alcoholics Anonymous meetings did not demonstrate a commitment to recovery.

Conditions Referenced

Disqualifying

E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
E2.A7.1.2.3raisedDiagnosis by a Credentialed Medical Professional of Alcohol Dependence
E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment

Mitigating

E2.A7.1.3.1rejectedThe Conduct Was Not Recent or Occurred Under Circumstances That Indicate It Is Unlikely to RecurThe applicant's alcohol-related incidents occurred recently and reflect a pattern.
E2.A7.1.3.2appliedThe Applicant Has Demonstrated a Positive Change in BehaviorSome positive changes in behavior were noted, but not sufficient to mitigate concerns.
E2.A7.1.3.4rejectedThe Applicant Has Successfully Completed a Rehabilitation Program and Has a Support System in PlaceThe applicant did not actively pursue the recommended external support system.

Key Rule Quoted

“"No one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedDec 10, 2004
Answer filedJan 6, 2005Requested decision on the record.
Hearing held—No hearing; case determined on the record.
Decision dateJun 3, 2005

Cite For

Denial of Security Clearance Due to Alcohol Dependence Under Guideline G
Pattern of Alcohol-related Misconduct as a Disqualifying Factor
Insufficient Evidence of Rehabilitation and Commitment to Sobriety.

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 consumed alcohol at times to excess and to the point of intoxication from approximately 1970 to at least January 2002.	For Applicant	Binge or Intoxication Pattern	Admitted	(b) alcohol-related incident at work (c) habitual or binge consumption to the point of impaired judgment	—	—
1.b	He was arrested April 2, 1994 and charged with (1) driving while intoxicated and (2) careless driving, that he pleaded guilty to both counts, was fined, ordered to attend 12 hours of educational training in an intoxicated drivers' resource center program, and his driver's license was suspended for six months.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.c	He was arrested March 5, 1995 and charged with (1) driving while intoxicated and (2) open container, that he pleaded guilty to Count 1, was fined, ordered to perform 30 days of community service, ordered to attend 48 hours of educational training in the intoxicated drivers' resource center program, and his driver's license was suspended for two years.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.d	He was arrested June 22, 1998 and charged with (1) driving while intoxicated, (2) careless driving, and (3) disregard of marked lanes, that he had a blood alcohol level of .19%, that he pleaded guilty to Counts 1 and 3, was ordered to attend 12 hours of educational training in an intoxicated drivers' resource center program, and Count 2 was dismissed.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.e	He was arrested January 13, 2002 and charged with (1) driving while intoxicated, (2) careless driving, and (3) no seatbelt, that he had a blood alcohol level of .21% and .20%, that he pleaded guilty to Count 1, was fined, and his driver's license was revoked for 10 years, and Counts 2 and 3 were dismissed.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.f	He received inpatient treatment for two weeks in February and March 2002 for a condition diagnosed as alcohol dependence.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—
1.g	He entered an outpatient alcohol rehabilitation program in March 2002 and was discharged from the program in October 2002 with the recommendation he work with an external support system.	Against Applicant	Treatment Non Compliance	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—
1.h	He attended Alcoholics Anonymous meetings from about January 2002 to at least May 2003.	Against Applicant	Treatment Non Compliance	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant consumed alcohol at times to excess and to the point of intoxication from approximately 1970 to at least January 2002.

For Applicant

Binge or Intoxication Pattern

Admitted

(b) alcohol-related incident at work

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

—

1.b

He was arrested April 2, 1994 and charged with (1) driving while intoxicated and (2) careless driving, that he pleaded guilty to both counts, was fined, ordered to attend 12 hours of educational training in an intoxicated drivers' resource center program, and his driver's license was suspended for six months.

Against Applicant

DUI or DWI Alcohol

Admitted

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

—

1.c

He was arrested March 5, 1995 and charged with (1) driving while intoxicated and (2) open container, that he pleaded guilty to Count 1, was fined, ordered to perform 30 days of community service, ordered to attend 48 hours of educational training in the intoxicated drivers' resource center program, and his driver's license was suspended for two years.

Against Applicant

DUI or DWI Alcohol

Admitted

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

—

1.d

He was arrested June 22, 1998 and charged with (1) driving while intoxicated, (2) careless driving, and (3) disregard of marked lanes, that he had a blood alcohol level of .19%, that he pleaded guilty to Counts 1 and 3, was ordered to attend 12 hours of educational training in an intoxicated drivers' resource center program, and Count 2 was dismissed.

Against Applicant

DUI or DWI Alcohol

Admitted

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

—

1.e

He was arrested January 13, 2002 and charged with (1) driving while intoxicated, (2) careless driving, and (3) no seatbelt, that he had a blood alcohol level of .21% and .20%, that he pleaded guilty to Count 1, was fined, and his driver's license was revoked for 10 years, and Counts 2 and 3 were dismissed.

Against Applicant

DUI or DWI Alcohol

Admitted

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

—

1.f

He received inpatient treatment for two weeks in February and March 2002 for a condition diagnosed as alcohol dependence.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

1.g

He entered an outpatient alcohol rehabilitation program in March 2002 and was discharged from the program in October 2002 with the recommendation he work with an external support system.

Against Applicant

Treatment Non Compliance

Admitted

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

—

1.h

He attended Alcoholics Anonymous meetings from about January 2002 to at least May 2003.

Against Applicant

Treatment Non Compliance

Admitted

—

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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

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES