ISCR Case 97-0354.h1

Case Headnote

ISCR Case No. 97-0354.h1

deniedOct 3, 1997· Hon. Elizabeth M. Matchinski· hearing

Summary

A 38-year-old mini cams technician was denied a security clearance due to concerns under Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from a long history of alcohol-related incidents, including multiple DUIs and other criminal conduct, spanning from 1978 to 1995. The applicant was also diagnosed with alcohol abuse by a credentialed medical professional.

Specific incidents included charges for disorderly conduct and assault in 1978, multiple DUI arrests between 1978 and 1988 (some dismissed, others resulting in convictions or probation), and an arrest in 1981 for stealing bicycles while intoxicated. Further incidents involved operating a vehicle erratically in 1982, being stopped by military police for being under the influence in 1984, and an arrest for assault and battery in 1984. The applicant's last alcohol-related driving offense occurred in October 1995, when he was charged with DWI, driving on a suspended license, negligent driving, and speeding.

Despite demonstrating some positive behavioral changes and maintaining sobriety since October 1995, the judge determined that the applicant did not meet the burden of proof to mitigate the security concerns raised by his extensive past conduct. The denial was based on the applicant's long history of alcohol-related offenses, the professional diagnosis of alcohol abuse, and the recency of his last DUI in October 1995.

Why the Applicant Was Denied

The applicant had a long history of alcohol-related offenses, including eleven incidents from 1978 to 1995.
The applicant was diagnosed with alcohol abuse by a credentialed medical professional.
The applicant's last DUI occurred in October 1995, indicating ongoing issues with alcohol consumption.

Conditions Referenced

Disqualifying

G.1raisedAlcohol-related Incidents Away From Work
G.3raisedDiagnosis by a Credentialed Medical Professional of Alcohol Abuse or Alcohol Dependence
G.4raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment

Mitigating

G.3appliedPositive Changes in Behavior Supportive of Sobriety
G.4rejectedSuccessful Completion of Rehabilitation and Aftercare RequirementsThe applicant did not receive a favorable prognosis by a credentialed medical professional.

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 issuedMay 19, 1997
Answer filedJun 26, 1997Applicant requested determination on the written record.
Hearing held—No hearing was held; case determined on the written record.
Decision dateOct 3, 1997

Cite For

Disqualifying Conditions Related to Alcohol Consumption Under Guideline G
Mitigating Conditions for Alcohol-related Offenses
Burden of Proof in Security Clearance Cases Regarding Past Conduct

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 driving under the influence (DUI) and other criminal incidents related to alcohol use.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.b	The applicant has been diagnosed by a credentialed medical professional with alcohol abuse or alcohol dependence.	Against Applicant	Alcohol Use Disorder Diagnosed	Denied	(c) habitual or binge consumption to the point of impaired judgment	—	—
1.c	The applicant has a pattern of habitual or binge consumption of alcohol to the point of impaired judgment.	Against Applicant	Binge or Intoxication Pattern	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of alcohol-related incidents, including driving under the influence (DUI) and other criminal incidents related to alcohol use.

Against Applicant

DUI or DWI Alcohol

Admitted

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

—

1.b

The applicant has been diagnosed by a credentialed medical professional with alcohol abuse or alcohol dependence.

Against Applicant

Alcohol Use Disorder Diagnosed

Denied

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

—

1.c

The applicant has a pattern of habitual or binge consumption of alcohol to the point of impaired judgment.

Against Applicant

Binge or Intoxication Pattern

Admitted

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The Applicant has a history of alcohol-related incidents, including multiple DUIs and other legal issues stemming from alcohol use.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.b	The Applicant was diagnosed with alcohol abuse or dependence by a credentialed medical professional.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.c	The Applicant has not demonstrated sufficient rehabilitation or abstinence from alcohol.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.d	The Applicant has a pattern of excessive alcohol consumption leading to impaired judgment.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The Applicant has a history of alcohol-related incidents, including multiple DUIs and other legal issues stemming from alcohol use.

Against Applicant

Unspecified Drug Involvement

Unspecified

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

—

1.b

The Applicant was diagnosed with alcohol abuse or dependence by a credentialed medical professional.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

—

1.c

The Applicant has not demonstrated sufficient rehabilitation or abstinence from alcohol.

Against Applicant

Unspecified Drug Involvement

Unspecified

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

—

1.d

The Applicant has a pattern of excessive alcohol consumption leading to impaired judgment.

Against Applicant

Unspecified Drug Involvement

Unspecified

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	On September 29, 1978, Applicant was charged with disorderly conduct and assault after he became verbally abusive to the police who had stopped him for proceeding the wrong direction on a one-way street. Applicant had been drinking prior to the incident.	Against Applicant	Assault or Battery	Charged Not Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.b	Applicant was arrested on another occasion in 1978 for driving under the influence (DUI). While the charge was dismissed, Applicant admits he was under the influence of alcohol at the time of the offense.	Against Applicant	DUI or DWI Criminal	Dismissed or Nolle Prossed	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	On October 6, 1981, Applicant and a companion were apprehended by local foreign authorities after they stole two bicycles. Applicant and his companion were intoxicated at the time of the incident.	Against Applicant	Theft or Larceny	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	On July 5, 1982, military police stopped Applicant for operating a motor vehicle in an erratic manner. Applicant was found to be under the influence of alcohol.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.e	On April 6, 1983, Applicant was arrested off base for DUI. He was released after posting $400.00 bond. The charge was subsequently dismissed.	Against Applicant	DUI or DWI Criminal	Dismissed or Nolle Prossed	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.f	On January 31, 1984, Applicant was stopped by military police and determined to be under the influence, as his .19% blood alcohol content attests.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.g	On March 17, 1984, Applicant was arrested off base and charged with Driving under the Influence, careless driving and driving with excessive alcohol content (.204% bac).	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.h	On December 13, 1984, he was arrested in the parking lot of a local bar and charged with assault and battery and trespassing when he did not leave the property when requested to do so by police. Convicted of battery on the officer, Applicant was awarded probation before judgment.	Against Applicant	Assault or Battery	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.i	On January 24, 1987, Applicant was arrested for DWI. He refused to take a chemical test and his driver's license was restricted for six months. The charge was subsequently dismissed due to a technicality.	Against Applicant	DUI or DWI Criminal	Dismissed or Nolle Prossed	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.j	On August 7, 1987, Applicant was arrested for DUI and negligent driving. Applicant refused to submit to a chemical test, and an administrative hearing was scheduled for second refusal.	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.k	On June 10, 1988, he was found guilty of DUI and negligent driving. Imposition of sentence was suspended and he was placed on probation for eighteen months.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.l	On October 10, 1995, Applicant was stopped by the state police for speeding (85 mph in a 55 mph zone) and charged with driving while intoxicated (DWI), driving on a suspended license, negligent driving and speeding.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

On September 29, 1978, Applicant was charged with disorderly conduct and assault after he became verbally abusive to the police who had stopped him for proceeding the wrong direction on a one-way street. Applicant had been drinking prior to the incident.

Against Applicant

Assault or Battery

Charged Not Convicted

Denied

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

—

1.b

Applicant was arrested on another occasion in 1978 for driving under the influence (DUI). While the charge was dismissed, Applicant admits he was under the influence of alcohol at the time of the offense.

Against Applicant

DUI or DWI Criminal

Dismissed or Nolle Prossed

Denied

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

—

1.c

On October 6, 1981, Applicant and a companion were apprehended by local foreign authorities after they stole two bicycles. Applicant and his companion were intoxicated at the time of the incident.

Against Applicant

Theft or Larceny

Conduct No Charge

Denied

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

—

1.d

On July 5, 1982, military police stopped Applicant for operating a motor vehicle in an erratic manner. Applicant was found to be under the influence of alcohol.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Denied

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

—

1.e

On April 6, 1983, Applicant was arrested off base for DUI. He was released after posting $400.00 bond. The charge was subsequently dismissed.

Against Applicant

DUI or DWI Criminal

Dismissed or Nolle Prossed

Denied

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

—

1.f

On January 31, 1984, Applicant was stopped by military police and determined to be under the influence, as his .19% blood alcohol content attests.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Denied

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

—

1.g

On March 17, 1984, Applicant was arrested off base and charged with Driving under the Influence, careless driving and driving with excessive alcohol content (.204% bac).

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Denied

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

—

1.h

On December 13, 1984, he was arrested in the parking lot of a local bar and charged with assault and battery and trespassing when he did not leave the property when requested to do so by police. Convicted of battery on the officer, Applicant was awarded probation before judgment.

Against Applicant

Assault or Battery

Convicted

Denied

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

—

1.i

On January 24, 1987, Applicant was arrested for DWI. He refused to take a chemical test and his driver's license was restricted for six months. The charge was subsequently dismissed due to a technicality.

Against Applicant

DUI or DWI Criminal

Dismissed or Nolle Prossed

Denied

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

—

1.j

On August 7, 1987, Applicant was arrested for DUI and negligent driving. Applicant refused to submit to a chemical test, and an administrative hearing was scheduled for second refusal.

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Denied

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

—

1.k

On June 10, 1988, he was found guilty of DUI and negligent driving. Imposition of sentence was suspended and he was placed on probation for eighteen months.

Against Applicant

DUI or DWI Criminal

Convicted

Denied

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

—

1.l

On October 10, 1995, Applicant was stopped by the state police for speeding (85 mph in a 55 mph zone) and charged with driving while intoxicated (DWI), driving on a suspended license, negligent driving and speeding.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Denied

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

—

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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

FOOTNOTES