ISCR Case 97-0732.h1

Case Headnote

ISCR Case No. 97-0732.h1

grantedMar 27, 1998· Hon. Richard A. Cefola· hearing

Summary

A 36-year-old defense contractor was granted a security clearance despite a history of alcohol abuse, which was evaluated under Guideline G (Alcohol Consumption). The Statement of Reasons detailed several concerns, including consuming alcohol to excess from approximately 1977 until March 1997. Specific incidents included a January 1990 arrest and guilty plea for Driving Under the Influence with a Blood Alcohol Content of .08% or higher, and a second DUI arrest and guilty plea in June 1994.

Additionally, the applicant was terminated from an employer in May 1991 for reporting to work under the influence. In February 1997, a supervisor mistakenly believed they smelled alcohol on the applicant's breath at work. These issues raised disqualifying conditions G.1.a and G.1.b.

However, the judge found that the applicant had successfully rebutted these concerns by demonstrating significant rehabilitation. The applicant has abstained from alcohol since March 1997 and intends to remain sober. He actively participates in Alcoholics Anonymous, has moved from his previous city to avoid associations with alcohol consumption, and received positive testimony from witnesses regarding his sobriety. Mitigating conditions G.2.b and G.2.c were applied, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant has abstained from alcohol since March 1997 and has no intention of consuming it in the future.
He actively participates in Alcoholics Anonymous and has moved away from environments associated with alcohol consumption.
The applicant's witnesses provided positive testimony regarding his sobriety.

Conditions Referenced

Disqualifying

G.1.araisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence
G.1.braisedAlcohol-related Incidents at Work, Such as Reporting for Work or Duty in an Impaired Condition

Mitigating

G.2.bappliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
G.2.cappliedPositive Changes in Behavior Supportive of Sobriety

Key Rule Quoted

“[e]ach clearance decision must be a fair and impartial common sense determination based upon consideration of all the relevant and material information and the pertinent criteria and adjudication policy in enclosure 2, including as appropriate: a. Nature and seriousness of the conduct and surrounding circumstances.”

Procedural Posture

SOR issuedOct 30, 1997
Answer filedDec 5, 1997
Hearing heldMar 11, 1998
Decision dateMar 27, 1998

Cite For

Mitigating Conditions for Alcohol Consumption Under Guideline G
Evidence of Rehabilitation and Sustained Sobriety
Impact of Positive Character References 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 consumed alcohol, at times to excess and to the point of intoxication, from about 1977, until he last consumed the intoxicant in March of 1997.	For Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.b	In January of 1990, the Applicant was arrested, and subsequently pled guilty to Driving Under the Influence with a Blood Alcohol Content .08% or Higher.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.c	In May of 1991, the Applicant was also terminated by his employer for reporting to work under the influence of alcohol.	For Applicant	Intoxication at Work or Duty	Admitted	(b) alcohol-related incident at work	—	—
1.d	In June of 1994, the Applicant was arrested a second time, and subsequently pled guilty to Driving Under the Influence of Alcohol (DUI).	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.e	In February of 1997, the Applicant's supervisor mistakenly thought that he smelled alcohol on the Applicant's breath at his place of employment.	For Applicant	Unspecified Alcohol Incident	Denied	—	—	—
1.f	Since March of 1997, the Applicant has abstained from the consumption of alcohol, and has no intention of consuming the intoxicant in the future.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	Credited Abstinence Period Documented
1.g	He has also moved from the city where he associated with those who consumed alcohol, and he attends Alcoholics Anonymous (AA) on a regular basis.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	Credited Aa or Na Attendance
1.h	specific text not stated in this decision	For Applicant	Unspecified Alcohol Incident	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The Applicant consumed alcohol, at times to excess and to the point of intoxication, from about 1977, until he last consumed the intoxicant in March of 1997.

For Applicant

Binge or Intoxication Pattern

Admitted

—

1.b

In January of 1990, the Applicant was arrested, and subsequently pled guilty to Driving Under the Influence with a Blood Alcohol Content .08% or Higher.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

1.c

In May of 1991, the Applicant was also terminated by his employer for reporting to work under the influence of alcohol.

For Applicant

Intoxication at Work or Duty

Admitted

(b) alcohol-related incident at work

—

1.d

In June of 1994, the Applicant was arrested a second time, and subsequently pled guilty to Driving Under the Influence of Alcohol (DUI).

For Applicant

DUI or DWI Alcohol

Admitted

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

—

1.e

In February of 1997, the Applicant's supervisor mistakenly thought that he smelled alcohol on the Applicant's breath at his place of employment.

For Applicant

Unspecified Alcohol Incident

Denied

—

1.f

Since March of 1997, the Applicant has abstained from the consumption of alcohol, and has no intention of consuming the intoxicant in the future.

For Applicant

Unspecified Alcohol Incident

Admitted

—

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

Credited

Abstinence Period Documented

1.g

He has also moved from the city where he associated with those who consumed alcohol, and he attends Alcoholics Anonymous (AA) on a regular basis.

For Applicant

Unspecified Alcohol Incident

Admitted

—

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

Credited

Aa or Na Attendance

1.h

specific text not stated in this decision

For Applicant

Unspecified Alcohol Incident

Unknown

—

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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