A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 23-01216
GrantedDecided Aug 20, 2024 · Administrative Judge Robert J. Tuider · Hearing
Case headnote
Summary
The applicant, a 52-year-old egress systems technician, sought a permanent security clearance after previously being granted an interim clearance. The concerns involved criminal conduct and alcohol consumption, stemming from multiple DUI arrests and a bench warrant. The applicant demonstrated significant rehabilitation efforts, including completing a DUI Traffic School and maintaining sobriety since his last arrest in October 2021, leading to the granting of his clearance.
Why the applicant prevailed
- The applicant has maintained sobriety since October 2021 and has not consumed alcohol since his last DUI arrest.
- He completed a nine-month DUI Traffic School, which provided him with coping mechanisms and support.
- The applicant resolved all legal issues related to his past arrests and demonstrated a commitment to positive change.
Conditions referenced
Disqualifying
- AG ¶ 31(a) Criminal Conductraised
- AG ¶ 31(b) Criminal Conductraised
- AG ¶ 31(c) Criminal Conductraised
- AG ¶ 22(a) Alcohol Consumptionraised
Mitigating
- AG ¶ 23(a) Alcohol Consumptionapplied
- AG ¶ 23(b) Alcohol Consumptionapplied
- AG ¶ 23(d) Alcohol Consumptionapplied
- AG ¶ 32(a) Criminal Conductapplied
- AG ¶ 32(d) Criminal Conductapplied
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issued
- 06/09/2023
- Answer filed
- 06/13/2023
- Hearing held
- 11/15/2023
- Decision date
- 08/20/2024
Cite for
- Mitigation of Alcohol Consumption Concerns Under Guideline G
- Successful Rehabilitation in Criminal Conduct Cases
- Impact of Time Elapsed on Criminal Conduct Concerns
Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.
From the decision
Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.
- Applicant Age
- 52
- Years in Industry
- 2
- Clearance Level
- secret
- Prior Clearance
- held
- Payment Plan
- yes
- Bankruptcy
- none
Allegations under Guideline G
Reading the 1 per allegation row needs a free account.
1 row in this decision.
It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.
Allegations under Guideline J
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4 rows in this decision.
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Descriptive standardized rendering of a decided public case. The verbatim source decision is below.
Full decision
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Decision text, by section
Appearances
For Applicant Paragraph 2, Guideline G: FOR APPLICANT Subparagraph 2.a: For Applicant Conclusion In light of the record as a whole, it is clearly consistent with the national interest to grant or continue Applicant's national security eligibility for a security clearance. Eligibility for access to classified information is granted. Robert Tuider Administrative Judge 9