KEYWORD: Guideline G; Guideline E; Guideline J
DIGEST: Applicant has two DUI arrests and convictions from incidents in 2005 and 2006.  He
was diagnosed and treated for alcohol dependence but did not complete follow-up care.  He used
marijuana and cocaine from 2001 to 2005 while holding a security clearance.  He falsified a
security clearance application.  Adverse decision affirmed.
CASENO: 07-01499.a1
DATE: 07/03/2008
DATE: July 3, 2008
In Re:
--------------
Applicant for Security Clearance
)
)
)
)
)
)
)
)
ISCR Case No. 07-01499
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
Pro Se
As part of his brief, Applicant submits new evidence in the form of additional explanations and two
1
documentary exhibits.  The Board cannot consider this new evidence on appeal.  See Directive ¶ E3.1.29.
2
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security
clearance.  On June 13, 2007, DOHA issued a statement of reasons (SOR) advising Applicant of the
basis for that decision—security concerns raised under Guideline G (Alcohol Consumption),
Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) of Department of Defense
Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant requested that the case be
decided on the written record.  On March 31, 2008, after considering the record, Administrative
Judge Shari Dam denied Applicant’s request for a security clearance.  Applicant timely appealed
pursuant to the Directive ¶¶ E3.1.28 and E3.1.30.
Applicant raised the following issue on appeal: whether the Judge’s failure to mitigate the
Guideline G, E and J security concerns under the mitigating factors and the whole person concept
is arbitrary, capricious, or contrary to law.   Finding no error, we affirm.1
The Judge found Applicant had consumed alcohol, at times in excess and to the point of
intoxication, from approximately 1996 to at least 2006.  In October 2005, he was charged with
Driving Under the Influence (DUI).  His Blood Alcohol Content (BAC) at the time of the offense
was 0.163%.  He pleaded guilty to the charge and was sentenced to 30 days suspension of his
driver’s license, 12 months probation, court ordered attendance at alcohol safety awareness classes,
and 25 hours community service.  In May 2006, Applicant was again charged with DUI, this time
with a BAC of 0.21%.  He pleaded guilty to the charge and was sentenced to 30 months suspension
of his driver’s license, a $3,000 fine, two days in jail, 90 days of house arrest with electronic
monitoring, and 50 hours community service.  Applicant was on probation for the offense until
November 2007.  He received treatment for a condition diagnosed as Alcohol Dependence in the
summer of 2006, but did not complete recommended follow-up care.
The Judge also found that Applicant had used marijuana and cocaine from 2001 to at least
2005, while holding a security clearance, and that he had falsified his Security Clearance Application
by failing to disclose that use.
 The Board has examined the Judge’s decision in light of the record as a whole and concludes
that she has drawn ‘a rational connection between the facts found’ under Guidelines G, E and J and
her adverse decision.  Motor Vehicle Mfrs. Ass’n of the United States v. State Farm Mut. Auto. Ins.
Co., 463 U.S. 29, 43 (1983)(quoting Burlington Truck Lines, Inc. v. United States, 371 U.S. 156, 168
(1962)).  She specifically considered the whole person concept in reaching her decision.  “The
general standard is that a clearance may be granted only when ‘clearly consistent with the interests
3
of the national security.’”  Department of the Navy v. Egan, 484 U.S. 518, 528 (1988).  Accordingly,
the Judge’s adverse decision is not arbitrary, capricious, or contrary to law.
Order
The decision of the Judge 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