FOR OFFICIAL USE ONLY
When unredacted this document contains information
EXEMPT FROM MANDATORY DISCLOSURE under the FOIA
Exemption 6 applies
KEYWORD: Guideline G; Guideline E
DIGEST: The Judge’s findings are sustainable.  The Judge’s ultimate conclusions are also
sustainable.  Adverse decision affirmed.
CASENO: 06-12284.a1
DATE: 10/01/2007
DATE: October 1, 2007
In Re:
--------------
Applicant for Security Clearance
)
)
)
)
)
)
)
)
ISCR Case No. 06-12284
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) declined to grant Applicant a security
clearance.  On October 25, 2006, DOHA issued a statement of reasons advising Applicant of the
2
basis for that decision–security 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 hearing.  On March 29, 2007, after the hearing,
Administrative Judge Mary E. Henry denied Applicant’s request for a security clearance.  Applicant
filed a timely appeal pursuant to Directive ¶¶  E3.1.28 and E3.1.30.
The Judge found that Applicant was first arrested for Driving While Intoxicated when he was
16 years old and in high school.  Applicant was convicted and sentenced to community service.  He
lost his license for one year and had to attend alcohol education classes.
The Judge also found that in May 2004 Applicant and his girlfriend, following dinner and
drinks at a local restaurant, got into a dispute with the staff over whether he had paid the bill,
Applicant insisting that he had.  The staff called the police.  “Because he was upset about the
accusation and the decision to call the police, he couldn’t keep his mouth shut.  As a result, the
police arrested him for disorderly conduct in a motor vehicle.”  Applicant ultimately paid a fine.
In December 2005, Applicant and his fiancé attended a Christmas party, during which they
consumed alcohol over several hours.  After leaving the party, they went to a bar, where they got into
an argument.  During the trip home, they continued the argument, Applicant eventually stopping the
car, pulling his fiancé out, and leaving her behind.  Applicant was charged with criminal domestic
violence.  Applicant’s fiancé did not appear at trial, so the charges were dismissed.
In August 2006, Applicant was arrested and charged with Driving Under the Influence.  Trial
was delayed until some time after the hearing in Applicant’ security clearance case.  Following this
arrest, Applicant received outpatient substance abuse treatment.
In his appeal submission, Applicant contends that the Judge gave undue weight to the phrase
“couldn’t keep his mouth shut.”  Applicant believes that the entire incident arising out of the dispute
in the restaurant was blown out of proportion.  He contends that the Judge’s findings are in error to
the extent that they attribute the August 2005 incident to alcohol consumption.  We also construe
Applicant’s brief as asserting that the Judge did not properly apply the whole-person factors in
arriving at her decision.
We have examined the Judge’s findings in light of the record and conclude that those
findings are sustainable.  Furthermore, the record does not support a conclusion that the Judge
weighed the evidence in a manner that is arbitrary, capricious, or contrary to law.  See ISCR Case
No. 05-04923 at 4 (App. Bd. Apr. 24, 2007).   Neither does the record support a conclusion that the
Judge erred in her whole-person analysis.  See Directive ¶ E2.1.2.  The whole person analysis
supports the Judge’s ultimate conclusion denying Applicant a security clearance.  See ISCR Case No.
04-11414 at 4 (App. Bd. Mar. 5, 2007).
3
Order
The Judge’s decision denying Applicant a security clearance 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