ISCR Case 05-15516.h1

Case Headnote

ISCR Case No. 05-15516.h1

deniedJun 30, 2006· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 23-year-old structural welder was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant had a history of alcohol-related incidents and criminal conduct, beginning at age 17 and continuing until shortly after his 21st birthday.

Specific allegations included multiple arrests and citations for underage drinking and other alcohol-related offenses. These incidents involved charges such as Property Damage, Possession/Consumption of Liquor by a Minor, and Transportation/Carry Alcohol as a Passenger. One instance led to a bench warrant for failure to complete community service, resulting in a jail sentence. Another incident involved consuming alcohol before being charged with Property Damage and Disturbing the Peace, with the Property Damage charge later amended to Criminal Trespass and dismissed.

Despite the applicant acknowledging his past behavior and demonstrating one year of sobriety, the judge found this insufficient to mitigate the security concerns. The decision highlighted a pattern of excessive alcohol consumption and a lack of sufficient evidence of rehabilitation or support for his alcohol cessation.

Why the Applicant Was Denied

The applicant had multiple alcohol-related arrests and incidents from ages 17 to 21, demonstrating a pattern of excessive alcohol consumption.
One year of sobriety was deemed insufficient to mitigate concerns regarding the applicant's judgment and reliability.
The applicant did not provide evidence of rehabilitation or support for his alcohol cessation.

Conditions Referenced

Disqualifying

E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct

Mitigating

E2.A10.1.3.6appliedClear Evidence of Successful RehabilitationThe applicant's recent cessation of alcohol consumption was noted, but deemed insufficient.
E2.A7.1.3.3appliedPositive Changes in Behavior Supportive of SobrietyThe applicant's commitment to sobriety was acknowledged.

Key Rule Quoted

“No one has a right to a security clearance and the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”

Procedural Posture

SOR issuedJan 19, 2006
Answer filedFeb 10, 2006Applicant responded to the SOR.
Hearing held—Applicant elected to have the case decided on the written record.
Decision dateJun 30, 2006

Cite For

Denial of Clearance Due to Pattern of Alcohol-related Incidents Under Guideline G
Insufficient Evidence of Rehabilitation to Mitigate Security Concerns
Impact of Youthful Indiscretion on 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	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a history of alcohol-related incidents, including arrests and citations for underage drinking and other alcohol-related offenses.	Against Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.b	The applicant has consumed alcohol to excess and to the point of intoxication on several occasions.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of alcohol-related incidents, including arrests and citations for underage drinking and other alcohol-related offenses.

Against Applicant

Unspecified Alcohol Incident

Admitted

—

1.b

The applicant has consumed alcohol to excess and to the point of intoxication on several occasions.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested at a party and charged with Property Damage and Possession/Consumption of Liquor by Minor. He pled guilty to the latter charge, was fined $200, placed on supervision for six months, and ordered to complete 20 hours of community service.	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	(c) no reliable evidence the individual committed the offense	—
1.b	Applicant was arrested in a specific city on March 26, 2001, and on March 24, 2002, and charged with Possession of Liquor by Minor.	For Applicant	Unspecified Criminal Conduct	—	Denied	—	—	—
1.c	Applicant was arrested in a specific city on March 24, 2002, and charged with Possession of Liquor by Minor.	For Applicant	Unspecified Criminal Conduct	—	Denied	—	—	—
1.d	On March 25, 2002, a bench warrant was issued against Applicant for failure to complete the community service requirement previously ordered as part of the disposition of the October 8, 2002, Consumption/Possession of Liquor by Minor charge. He was consequently sentenced to six days in jail, but apparently was only required to spend one night incarcerated.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(c) no reliable evidence the individual committed the offense	—
1.e	Cited on June 15, 2003, and charged with Transportation/Carry Alcohol as a Passenger, Applicant was fined $150 and placed on supervision for six months.	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	—	—
1.f	Prior to the end of this period of supervision, on September 21, 2003, he consumed approximately three alcoholic beverages prior to performing acts which resulted in his being arrested and charged with Property Damage and Disturbing the Peace. The Property Damage charge was ultimately amended to Criminal Trespass, and the matter was dismissed on December 10, 2003.	For Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	—	—	—
1.g	His last alcohol-related arrest occurred on April 11, 2004, a few months after Applicant turned 21. On that date, he was charged with Transportation/Carry Alcohol as a Passenger, and fined $75.	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested at a party and charged with Property Damage and Possession/Consumption of Liquor by Minor. He pled guilty to the latter charge, was fined $200, placed on supervision for six months, and ordered to complete 20 hours of community service.

For Applicant

Unspecified Criminal Conduct

Convicted

Admitted

—

(c) no reliable evidence the individual committed the offense

—

1.b

Applicant was arrested in a specific city on March 26, 2001, and on March 24, 2002, and charged with Possession of Liquor by Minor.

For Applicant

Unspecified Criminal Conduct

—

Denied

—

1.c

Applicant was arrested in a specific city on March 24, 2002, and charged with Possession of Liquor by Minor.

For Applicant

Unspecified Criminal Conduct

—

Denied

—

1.d

On March 25, 2002, a bench warrant was issued against Applicant for failure to complete the community service requirement previously ordered as part of the disposition of the October 8, 2002, Consumption/Possession of Liquor by Minor charge. He was consequently sentenced to six days in jail, but apparently was only required to spend one night incarcerated.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

(c) no reliable evidence the individual committed the offense

—

1.e

Cited on June 15, 2003, and charged with Transportation/Carry Alcohol as a Passenger, Applicant was fined $150 and placed on supervision for six months.

For Applicant

Unspecified Criminal Conduct

Convicted

Admitted

—

1.f

Prior to the end of this period of supervision, on September 21, 2003, he consumed approximately three alcoholic beverages prior to performing acts which resulted in his being arrested and charged with Property Damage and Disturbing the Peace. The Property Damage charge was ultimately amended to Criminal Trespass, and the matter was dismissed on December 10, 2003.

For Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

—

1.g

His last alcohol-related arrest occurred on April 11, 2004, a few months after Applicant turned 21. On that date, he was charged with Transportation/Carry Alcohol as a Passenger, and fined $75.

For Applicant

Unspecified Criminal Conduct

Convicted

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