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                        DEPARTMENT OF DEFENSE 
         DEFENSE OFFICE OF HEARINGS AND APPEALS 
           
             
 
 
In the matter of: ) 
 ) 
  )  ISCR Case No. 15-04160 
 ) 
Applicant for Security Clearance ) 
 
 
Appearances 
 
For Government: Chris Morin, Esq., Department Counsel 
For Applicant: Pro se 
 
 
 
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Decision 
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RICCIARDELLO, Carol G., Administrative Judge: 
 
On March 23, 2016, the Department of Defense (DOD) issued a Statement of 
Reasons (SOR) to Applicant detailing security concerns under Guideline G, alcohol 
consumption, and Guideline J, criminal conduct. The action was taken under Executive 
Order 10865, Safeguarding Classified Information within Industry (February 20, 1960), 
as amended; DOD Directive 5220.6, Defense Industrial Personnel Security Clearance 
Review Program (January 2, 1992), as amended (Directive); and the adjudicative 
guidelines (AG) implemented by the DOD on September 1, 2006. 
 
Applicant responded to the SOR on April 20, 2016, and requested a hearing 
before an administrative judge. The case was assigned to me on January 24, 2017. The 
hearing was held as scheduled on April 20, 2017. On April 24, 2017, I proposed to the 
parties that this case was appropriate for a summary disposition in Applicant’s favor. 
Department Counsel did not object.  
 
Applicant was diagnosed with alcohol dependency in 2009 and continued to 
consume alcohol until March 2015. In 2014, he and his wife had an argument; the police 
were contacted; and Applicant was arrested. There is no evidence of physical abuse. 
 
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Alcohol was not involved. The case was never prosecuted and the charge was 
expunged. 
 
After several failed attempts to maintain sobriety, Applicant voluntarily 
participated in inpatient alcohol rehabilitation treatment. He successfully completed it. 
He reached a turning point in his life and surrendered himself to a higher power. He 
changed his priorities in life. He is an active participant in Alcoholics Anonymous and 
has been sober for two years. He and his wife attended counseling and have a healthy 
relationship. He was sincere and honest during his hearing. Applicant is committed to 
his sobriety. 
 
Based on the record evidence as a whole, I conclude that the security concerns 
are mitigated under the following mitigating conditions: AG ¶¶ 23(a), 23(b), 30(a), and 
30(d).  
 
The concerns over Applicant’s past alcohol abuse and criminal conduct do not 
create doubt about his current reliability, trustworthiness, good judgment, and ability to 
protect classified information. In reaching this conclusion, I weighed the evidence as a 
whole and considered if the favorable evidence outweighed the unfavorable evidence. I 
also gave due consideration to the whole-person concept. Accordingly, I conclude that 
he met his ultimate burden of persuasion to show that it is clearly consistent with the 
national interest to continue his eligibility for access to classified information. This case 
is decided for Applicant.  
 
 
 
________________________ 
Carol G. Ricciardello 
Administrative Judge