ISCR Case 03-25089.h1

Case Headnote

ISCR Case No. 03-25089.h1

grantedDec 22, 2005· Hon. David S. Bruce· hearing

Summary

A 57-year-old male applicant with a history of alcohol-related driving offenses and financial difficulties was granted a security clearance. Concerns were raised under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct) due to three alcohol-related driving arrests and convictions between 1991 and 2002. The applicant was diagnosed as alcohol dependent, in remission, with a good prognosis.

To mitigate these concerns, the applicant successfully completed an intensive alcohol treatment and counseling program and three years of supervised probation. He has maintained sobriety since October 2002, voluntarily attends four to five AA meetings monthly, and has demonstrated positive behavioral changes.

Under Guideline F (Financial Considerations), concerns included delinquent state income taxes totaling $964.00, $104.20 for emergency paramedic services, $1,416.02 in state court fines and costs from four motor vehicle citations, and a $2,168.00 medical services bill. The applicant resolved his tax issues by entering into payment arrangements and paying off the debts in full. The administrative judge granted the clearance based on the applicant's demonstrated rehabilitation and responsible behavior.

Why the Applicant Prevailed

Successfully completed an intensive alcohol treatment program and maintained sobriety since October 2002.
Resolved tax issues by entering into payment arrangements and paying off debts in full.
Demonstrated positive changes in behavior and commitment to sobriety.

Conditions Referenced

Disqualifying

E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
E2.A10.1.2.1raisedAdmissions of Criminal Conduct
E2.A6.1.2.1raisedHistory of Not Meeting Financial Obligations

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.A7.1.3.4appliedSuccessful Completion of Rehabilitation and Ongoing Participation in Support Groups
E2.10.1.2.1appliedThe Conduct Was Not Recent
E2.10.1.2.6appliedClear Evidence of Successful Rehabilitation
E2.A6.1.3.6appliedInitiated a Good Faith Effort to Repay Overdue Creditors

Key Rule Quoted

“Protecting national security is the paramount concern in reaching a decision in any case, and is dependent upon the primary standard that issuance of a clearance must be clearly consistent with the interests of national security.”

Procedural Posture

SOR issuedDec 30, 2004
Answer filedJan 29, 2005
Hearing heldOct 25, 2005
Decision dateDec 22, 2005

Cite For

Successful Rehabilitation After Alcohol-related Incidents
Mitigation of Financial Difficulties Through Good Faith Efforts
Consideration of the Whole Person Concept in Security Clearance Decisions

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

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Delinquent state income taxes - $964.00. $964	For Applicant	Tax Unpaid	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(c) received/receiving counseling; problem being resolved	Documented Debt Paid in Full
3.b	Emergency paramedics services - $104.20. $104	For Applicant	Utility or Phone Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(c) received/receiving counseling; problem being resolved	Documented Debt Paid in Full
3.c	Indebtedness to state court for fines and costs - 4 motor vehicle citations - $1,416.02. $1,416	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(c) received/receiving counseling; problem being resolved	Documented Debt Paid in Full
3.d	Medical services bill - $2,168.00. $2,168	For Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(c) received/receiving counseling; problem being resolved	Documented Debt Paid in Full
3.e–3.g	3 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Delinquent state income taxes - $964.00.

$964

For Applicant

Tax Unpaid

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(c) received/receiving counseling; problem being resolved

Documented

Debt Paid in Full

3.b

Emergency paramedics services - $104.20.

$104

For Applicant

Utility or Phone Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(c) received/receiving counseling; problem being resolved

Documented

Debt Paid in Full

3.c

Indebtedness to state court for fines and costs - 4 motor vehicle citations - $1,416.02.

$1,416

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(c) received/receiving counseling; problem being resolved

Documented

Debt Paid in Full

3.d

Medical services bill - $2,168.00.

$2,168

For Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(c) received/receiving counseling; problem being resolved

Documented

Debt Paid in Full

3.e–3.g

3 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)

For Applicant

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant was arrested for alcohol-related driving offenses on three occasions from 1991 to 2002.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (d) diagnosis of alcohol use disorder by a qualified professional	(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 diagnosed as alcohol dependent, in remission, with a good prognosis.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.c	The applicant successfully completed an intensive alcohol treatment and counseling program and three years supervised probation required as a result of his third arrest.	For Applicant	Treatment Non Compliance	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	Credited Substance Treatment Completed
1.d	The applicant has maintained sobriety since October 2002.	For Applicant	Continued Use After Treatment	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	Credited Abstinence Period Documented
1.e	The applicant has shown positive changes in behavior indicating ostensible sobriety after he made the decision to stop drinking more than three years ago after the third offense.	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	Credited Rehabilitation Evidence
1.f	The applicant voluntarily attends four to five AA meetings per month to support his continuing sobriety.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	Credited Aa or Na Attendance

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant was arrested for alcohol-related driving offenses on three occasions from 1991 to 2002.

For Applicant

DUI or DWI Alcohol

Admitted

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

(d) diagnosis of alcohol use disorder by a qualified professional

(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 diagnosed as alcohol dependent, in remission, with a good prognosis.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

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

—

1.c

The applicant successfully completed an intensive alcohol treatment and counseling program and three years supervised probation required as a result of his third arrest.

For Applicant

Treatment Non Compliance

Admitted

—

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

Credited

Substance Treatment Completed

1.d

The applicant has maintained sobriety since October 2002.

For Applicant

Continued Use After Treatment

Admitted

—

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

Credited

Abstinence Period Documented

1.e

The applicant has shown positive changes in behavior indicating ostensible sobriety after he made the decision to stop drinking more than three years ago after the third offense.

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

Credited

Rehabilitation Evidence

1.f

The applicant voluntarily attends four to five AA meetings per month to support his continuing sobriety.

For Applicant

Unspecified Alcohol Incident

Admitted

—

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

Credited

Aa or Na Attendance

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was arrested for alcohol-related driving offenses on three occasions from 1991 to 2002.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(b) pressured/coerced and unlikely to recur absent that pressure	—
2.b	Applicant was charged and convicted of driving while intoxicated in June 1991.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(b) pressured/coerced and unlikely to recur absent that pressure	—
2.c	Applicant was charged and convicted of driving under the influence of alcohol in January 1998.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(b) pressured/coerced and unlikely to recur absent that pressure	—
2.d	Applicant was charged with a third alcohol-related driving offense in October 2002, pled guilty, and was ordered to pay a fine and spend two weekends in jail.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(b) pressured/coerced and unlikely to recur absent that pressure	—
2.e	Applicant failed to file state income tax returns from 1999 to 2002.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(b) pressured/coerced and unlikely to recur absent that pressure	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant was arrested for alcohol-related driving offenses on three occasions from 1991 to 2002.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

2.b

Applicant was charged and convicted of driving while intoxicated in June 1991.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

2.c

Applicant was charged and convicted of driving under the influence of alcohol in January 1998.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

2.d

Applicant was charged with a third alcohol-related driving offense in October 2002, pled guilty, and was ordered to pay a fine and spend two weekends in jail.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

2.e

Applicant failed to file state income tax returns from 1999 to 2002.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

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

—

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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