ISCR Case 96-0409.h1

Case Headnote

ISCR Case No. 96-0409.h1

grantedNov 12, 1996· Hon. Elizabeth M. Matchinski· hearing

Summary

This case concerns a 32-year-old engineer with a Secret security clearance seeking an upgrade to Top Secret, despite a history of alcohol-related incidents. The Statement of Reasons detailed multiple arrests for operating under the influence between 1982 and 1995, including a juvenile charge and subsequent offenses. It also noted a diagnosis of alcohol abuse, a failure to follow program recommendations in 1990, and a resumption of drinking after treatment in 1993. Concerns were raised under Guideline G (Alcohol Consumption) and Guideline H (Drug Involvement), specifically Disqualifying Conditions G.1 and G.4.

However, the judge found significant mitigating factors. The applicant demonstrated a strong commitment to sobriety, including consistent participation in outpatient counseling and Alcoholics Anonymous. Crucially, he maintained complete abstinence from alcohol since May 1996.

The judge concluded that the applicant's current behavior and sustained sobriety effectively mitigated the security concerns arising from his past alcohol abuse, applying Mitigating Condition G.3. The applicant's reliable and productive work performance, along with maintaining a Secret clearance for over six and a half years without incident, further supported the decision. Consequently, the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant demonstrated a commitment to sobriety through ongoing counseling and participation in Alcoholics Anonymous.
He maintained abstinence from alcohol since May 1996, showing positive changes in behavior supportive of sobriety.
The applicant's work performance remained reliable and productive despite his past alcohol-related incidents.

Conditions Referenced

Disqualifying

G.1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence, Fighting, or Other Criminal Incidents Related to Alcohol Use
G.4raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment

Mitigating

G.3appliedPositive Changes in Behavior Supportive of Sobriety

Key Rule Quoted

“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
— Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedJun 7, 1996
Answer filedJul 3, 1996
Hearing heldSep 26, 1996
Decision dateNov 12, 1996

Cite For

Mitigation of Alcohol-related Security Concerns Through Demonstrated Rehabilitation Efforts
The Importance of Ongoing Commitment to Sobriety in Security Clearance Determinations
The Impact of Past Alcohol-related Incidents on Current Security Clearance Eligibility.

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 was arrested on May 14, 1982, and charged with juvenile operating under the influence of alcohol.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.b	On May 14, 1984, he was arrested in state B for operating under the influence of alcohol (OUIL) after he had consumed alcohol at a bar with his brother.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.c	On June 23, 1990, Applicant attended a bachelor party for a friend in state B where he consumed eight to ten beers. Applicant was arrested for OUIL and refusing chemical test.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.d	On December 21, 1995, Applicant was arrested for driving while intoxicated, subsequent offense, to which he pleaded guilty in about April 1996.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.e	The applicant was diagnosed as suffering from alcohol abuse.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
1.f	The applicant failed to pursue the driver intervention program's recommendations in 1990.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.g	The applicant resumed drinking in the same pattern after completing treatment in 1993.	For Applicant	Continued Use After Treatment	Admitted	—	—	—
1.h	The applicant attended outpatient counseling and AA meetings but stopped attending AA in October 1995.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.i	The applicant has not consumed alcohol since May 24, 1996, and has been committed to sobriety.	For Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.j	The applicant has proven to be a reliable and productive worker for company A and has maintained a Secret security clearance for over six and a half years without adverse incident.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant was arrested on May 14, 1982, and charged with juvenile operating under the influence of alcohol.

For Applicant

DUI or DWI Alcohol

Admitted

—

1.b

On May 14, 1984, he was arrested in state B for operating under the influence of alcohol (OUIL) after he had consumed alcohol at a bar with his brother.

For Applicant

DUI or DWI Alcohol

Admitted

—

1.c

On June 23, 1990, Applicant attended a bachelor party for a friend in state B where he consumed eight to ten beers. Applicant was arrested for OUIL and refusing chemical test.

For Applicant

DUI or DWI Alcohol

Admitted

—

1.d

On December 21, 1995, Applicant was arrested for driving while intoxicated, subsequent offense, to which he pleaded guilty in about April 1996.

For Applicant

DUI or DWI Alcohol

Admitted

—

1.e

The applicant was diagnosed as suffering from alcohol abuse.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

1.f

The applicant failed to pursue the driver intervention program's recommendations in 1990.

For Applicant

Treatment Non Compliance

Admitted

—

1.g

The applicant resumed drinking in the same pattern after completing treatment in 1993.

For Applicant

Continued Use After Treatment

Admitted

—

1.h

The applicant attended outpatient counseling and AA meetings but stopped attending AA in October 1995.

For Applicant

Treatment Non Compliance

Admitted

—

1.i

The applicant has not consumed alcohol since May 24, 1996, and has been committed to sobriety.

For Applicant

Binge or Intoxication Pattern

Admitted

—

1.j

The applicant has proven to be a reliable and productive worker for company A and has maintained a Secret security clearance for over six and a half years without adverse incident.

For Applicant

Unspecified Alcohol Incident

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a–1.j	10 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a–1.j

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

For Applicant

Unspecified Drug Involvement

Unspecified

—

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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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES