KEYWORD: Guideline G; Guideline B
DIGEST: Th Judge’ sustainable findings of fact support his adverse decision under Guideline G. 
Adverse decision affirmed.
CASENO: 07-05179.a1
DATE: 04/10/2008
DATE: April 10, 2008
In Re:
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Applicant for Security Clearance
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ISCR Case No. 07-05179
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
James G. Beach, III, Esq.
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The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security
clearance.  On August 2,  2007, DOHA issued a statement of reasons (SOR) advising Applicant of
the basis for that decision–security concerns raised under Guideline G (Alcohol Consumption) and
Guideline B (Foreign Influence) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as
amended) (Directive).  Applicant requested a hearing.  On December 20, 2007, after the hearing,
Administrative Judge Juan J. Rivera denied Applicant’s request for a security clearance.  Applicant
filed a timely appeal pursuant to Directive ¶¶  E3.1.28 and E3.1.30.
Applicant raised the following issues on appeal: whether certain of the Judge’s findings were
supported by substantial record evidence; whether the Judge erred in his application of the pertinent
mitigating conditions; and whether the Judge’s whole-person analysis is arbitrary, capricious, or
contrary to law.  Finding no error, we affirm.
The Judge made the following pertinent findings: Applicant has three alcohol-related
incidents in his record.  In 1965 he was convicted of DUI and sentenced to pay a fine.  In 2000 he
was arrested and charged with DUI.  He received “probation before judgment” and was placed under
a year of supervised probation.  Additionally he completed a 12-week alcohol education program.
He was abstinent for two years and then resumed consuming alcohol, mostly wine.  In August 2006
he was again convicted of DUI.  “He explained that after leaving work, he stopped for dinner at a
restaurant [on] his way home and had a couple of glasses of wine . . . On his way home, he felt tired
and parked his car in the parking lot of [a] convenience store.  A police officer found him asleep
behind the wheel of his car with the engine running.  A subsequent test determined his blood alcohol
content to be .13.”  Decision at 3.  He was convicted of DUI, served 10 days in jail, and was still
undergoing a period of unsupervised probation at the time of his hearing.  He testified that he has
an alcohol problem and has changed his lifestyle to correct it.
In deciding against Applicant under Guideline G, the Judge took into account Applicant’s
remorse over his alcohol misconduct and his changes in behavior.  However, the Judge stated that
it is “premature to evaluate his ability to adhere to his stated sobriety plan, or to gauge his potential
for success.  In 1965 and 2000, Applicant engaged in serious criminal behavior by driving under the
influence of alcohol.  His 2006 relapse shows he has not learned from his mistakes . . .”  Decision
at 7.  As a consequence, the Judge concluded that Applicant had not met his burden of persuasion
that it is “clearly consistent with the national interest to grant or continue eligibility for a security
clearance for Applicant.”  Id. at 11.  The record supports the Judge’s decision, both as to the weight
accorded to the evidence under the Guideline G mitigating conditions as well as the whole-person
analysis.  Applicant’s ability to argue for a different interpretation of the record evidence does not
establish error on the part of the Judge.  See, e.g., ISCR Case No. 07-03120 at 2 (App. Bd. Jan. 30,
2008).  Accordingly, the Judge’s decision under Guideline G is not arbitrary, capricious, or contrary
to law.  In light of this holding the Board need not address the Guideline B security concerns.  
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Order
The Judge’s adverse security clearance decision is AFFIRMED.
Signed: Jeffrey D. Billett           
Jeffrey D. Billett
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