KEYWORD: Guideline G; Guideline E
DIGEST: The Judge’s challenged statement is sustainable.  In light of the record as a whole, the
Judge ultimate conclusions are not arbitrary capricious or contrary to law.  Adverse decision
sustained.
CASENO: 05-03305.a1
DATE: 05/10/2007
DATE: May 10, 2007
In Re:
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SSN: -------
Applicant for Trustworthiness Determination
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ADP Case No. 05-03305
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq, Chief Department Counsel
FOR APPLICANT
Pro Se
The Defense Office of Hearings and Appeals (DOHA) proposed to deny or revoke
Applicant’s access  to unclassified automation systems in an ADP-I/ II/ III sensitivity position.  On
October 26, 2005, DOHA issued a Statement of Reasons advising Applicant of the basis for that
proposal—trustworthiness concerns raised under Guideline G (Alcohol Consumption) and Guideline
E (Personal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended)
(Directive).  Applicant requested a decision on the written record.  On November 21, 2006, after
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considering the record, Administrative Judge Jacqueline T. Williams denied Applicant’s request for
access to an ADP-I/ II/ III position.  Applicant timely appealed pursuant to the Directive ¶¶ E3.1.28
and E3.1.30.
Applicant alleges the following issue on appeal: whether the Judge’s statement that
Applicant’s alcohol problems span more than 30 years is supported by record evidence.  We also
construe Applicant’s appeal as alleging that the Judge’s overall decision is arbitrary, capricous, and
contrary to law.
The Judge made the following sustainable findings: Applicant has “consumed alcohol, at
times to excess and to the point of intoxication, from approximately 1969 until at least 2001.”  On
four occasions, Applicant was arrested and charged with operating a motor vehicle while intoxicated.
He received hospital treatment form August 2002 until March 2003 for Alcohol Abuse/Dependence.
Applicant denied continuing to use alcohol following this treatment, although his medical records
show that he admitted consuming two beers in May 2003.
The challenged statement occurs in the Conclusions section of the decision.  Given the
Judge’s finding that Applicant’s alcohol use began in 1969, we find no error in the statement.  
Furthermore, in light of the Judge’s findings and the record as a whole, we conclude that her decision
is not arbitrary, capricious, nor contrary to law.
Order
The Judge’s decision denying Applicant a trustworthiness designation is AFFIRMED.
Signed: Jean E. Smallin                
Jean E. Smallin
Administrative Judge
Member, Appeal Board
Signed: William S. Fields                
William S. Fields
Administrative Judge
Member, Appeal Board
Signed: James E. Moody                    
James E. Moody
Administrative Judge
Member, Appeal Board
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