ISCR Case 03-24979.h1

Case Headnote

ISCR Case No. 03-24979.h1

grantedNov 23, 2005· Hon. Kathryn Moen Braeman· hearing

Summary

A 43-year-old defense contractor was granted a Secret security clearance despite past issues under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons cited a history of alcohol-related arrests, including DUIs in 1993 and 2001, and a 2001 arrest for Domestic Battery after consuming alcohol. Additionally, the applicant failed to disclose his 1993 DUI arrest on his June 27, 2000, SF 86. He was diagnosed with Alcohol Dependence and received treatment.

However, significant mitigating factors were applied. The applicant has abstained from alcohol since 2002 and successfully completed treatment in January 2004. He demonstrated positive changes in behavior and lifestyle, which were corroborated by his wife and employer references. The judge also found that the applicant had no intent to falsify his security application regarding the undisclosed DUI, attributing the omission to reading difficulties.

Ultimately, the judge determined that the applicant's past conduct no longer posed security concerns, leading to the granting of his security clearance.

Why the Applicant Prevailed

The applicant has abstained from alcohol since 2002 and successfully completed treatment in January 2004.
He demonstrated positive changes in behavior and lifestyle, supported by his wife and employer references.
The applicant established no intent to falsify his security application due to reading difficulties.

Conditions Referenced

Disqualifying

E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E2.A7.1.1.2.1raisedAlcohol-related Incidents Away From Work
E2.A7.1.1.2.4raisedConsumption of Alcohol, Subsequent to a Diagnosis of Alcoholism
E2.A7.1.1.2.6raisedConsumption of Alcohol After Treatment

Mitigating

E2.A7.1.3.1appliedThe Alcohol-related Incidents Do Not Indicate a Pattern
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

“An administrative judge must apply the 'whole person concept,' and consider and carefully weigh the available, reliable information about the person.”

Procedural Posture

SOR issuedFeb 10, 2005
Answer filedUndated
Hearing heldJul 26, 2005at a location near where Applicant works and lives
Decision dateNov 23, 2005

Cite For

Mitigation of Alcohol-related Security Concerns Under Guideline G
Personal Conduct Considerations Related to Intent and Circumstances Under Guideline E
Application of the 'whole Person Concept' 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	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant admitted that he did not reveal his 1993 arrest for DUI in response to Question 24 on alcohol/drug offenses in his June 27, 2000, SF 86.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Admitted	—	(b) omission/refusal followed advice of counsel; later cooperated fully	Claimed Explanation of Omission Credible

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant admitted that he did not reveal his 1993 arrest for DUI in response to Question 24 on alcohol/drug offenses in his June 27, 2000, SF 86.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Admitted

—

(b) omission/refusal followed advice of counsel; later cooperated fully

Claimed

Explanation of Omission Credible

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a history of alcohol-related arrests.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(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 Driving Under the Influence (DUI) in 1993.	For Applicant	DUI or DWI Alcohol	Admitted	—	(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 Domestic Battery in 2001 after consuming alcohol.	For Applicant	Alcohol Related Arrest	Admitted	—	(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 was arrested for Driving Under the Influence (DUI) in 2001.	For Applicant	DUI or DWI Alcohol	Admitted	—	(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 was diagnosed with Alcohol Dependence and received treatment.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.f	The applicant has not consumed alcohol since 2002 and completed treatment in January 2004.	For Applicant	Continued Use After Treatment	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.g	The applicant has demonstrated positive changes in behavior and lifestyle since treatment.	For Applicant	Binge or Intoxication Pattern	Admitted	—	(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 has a history of alcohol-related arrests.

For Applicant

Unspecified Alcohol Incident

Admitted

—

(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 Driving Under the Influence (DUI) in 1993.

For Applicant

DUI or DWI Alcohol

Admitted

—

(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 Domestic Battery in 2001 after consuming alcohol.

For Applicant

Alcohol Related Arrest

Admitted

—

(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 was arrested for Driving Under the Influence (DUI) in 2001.

For Applicant

DUI or DWI Alcohol

Admitted

—

(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 was diagnosed with Alcohol Dependence and received treatment.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

(b) acknowledges the pattern and has established modified use or abstinence

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

—

1.f

The applicant has not consumed alcohol since 2002 and completed treatment in January 2004.

For Applicant

Continued Use After Treatment

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

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

—

1.g

The applicant has demonstrated positive changes in behavior and lifestyle since treatment.

For Applicant

Binge or Intoxication Pattern

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

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

—

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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